AN
ACT Relating to offenders; amending RCW 5.60.060, 9.94A.040, 13.04.011,
13.40.010, 13.40.0357, 13.40.0357, 13.40.040, 13.40.045, 13.40.050, 13.40.060,
13.40.070, 13.40.077, 13.40.100, 13.40.110, 13.40.130, 13.40.135, 13.40.150,
13.40.160, 13.40.190, 13.40.193, 13.40.200, 13.40.210, 13.40.230, 13.40.250,
13.40.265, 13.40.320, 13.50.010, 13.50.050, 72.01.410, 72.09.460, 9A.36.045,
9A.36.050, 9.41.010, 9.41.040, 9.94A.103, 9.94A.105, 9.94A.310, 10.99.020,
10.99.040, 10.99.050, 82.44.110, 69.50.520, and 13.40.080; reenacting and
amending RCW 9.94A.030, 9.94A.120, 9.94A.360, 13.04.030, 13.40.020, 13.40.020,
9.94A.320, and 9A.46.060; adding new sections to chapter 13.40 RCW; adding a
new section to chapter 70.96A RCW; adding a new section to chapter 72.01 RCW;
adding a new section to chapter 43.121 RCW; creating new sections; repealing
RCW 9.94A.045, 13.40.025, 13.40.075, 13.40.125, and 13.40.0354; prescribing
penalties; providing effective dates; providing expiration dates; 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)(a)
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.
(b)
A parent or guardian of a minor child arrested on a criminal charge may not be
examined as to a communication between the child and his or her attorney if the
communication was made in the presence of the parent or guardian. This privilege
does not extend to communications made prior to the arrest.
(3)
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)
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)
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)(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)
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.030 and 1996 c 289 s 1 and 1996 c 275 s 5 are each reenacted and amended
to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Collect," or any derivative thereof, "collect and remit,"
or "collect and deliver," when used with reference to the department
of corrections, means that the department is responsible for monitoring and
enforcing the offender's sentence with regard to the legal financial
obligation, receiving payment thereof from the offender, and, consistent with
current law, delivering daily the entire payment to the superior court clerk
without depositing it in a departmental account.
(2)
"Commission" means the sentencing guidelines commission.
(3)
"Community corrections officer" means an employee of the department
who is responsible for carrying out specific duties in supervision of sentenced
offenders and monitoring of sentence conditions.
(4)
"Community custody" means that portion of an inmate's sentence of
confinement in lieu of earned early release time or imposed pursuant to RCW
9.94A.120 (6), (8), or (10) served in the community subject to controls placed
on the inmate's movement and activities by the department of corrections.
(5)
"Community placement" means that period during which the offender is
subject to the conditions of community custody and/or postrelease supervision,
which begins either upon completion of the term of confinement (postrelease
supervision) or at such time as the offender is transferred to community
custody in lieu of earned early release. Community placement may consist of
entirely community custody, entirely postrelease supervision, or a combination
of the two.
(6)
"Community service" means compulsory service, without compensation,
performed for the benefit of the community by the offender.
(7)
"Community supervision" means a period of time during which a
convicted offender is subject to crime-related prohibitions and other sentence
conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or
46.61.524. For first-time offenders, the supervision may include crime-related
prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For
purposes of the interstate compact for out-of-state supervision of parolees and
probationers, RCW 9.95.270, community supervision is the functional equivalent
of probation and should be considered the same as probation by other states.
(8)
"Confinement" means total or partial confinement as defined in this
section.
(9)
"Conviction" means an adjudication of guilt pursuant to Titles 10 or
13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of
a plea of guilty.
(10)
"Court-ordered legal financial obligation" means a sum of money that
is ordered by a superior court of the state of Washington for legal financial
obligations which may include restitution to the victim, statutorily imposed
crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court
costs, county or interlocal drug funds, court-appointed attorneys' fees, and
costs of defense, fines, and any other financial obligation that is assessed to
the offender as a result of a felony conviction. Upon conviction for vehicular
assault while under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of
intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial
obligations may also include payment to a public agency of the expense of an
emergency response to the incident resulting in the conviction, subject to the
provisions in RCW 38.52.430.
(11)
"Crime-related prohibition" means an order of a court prohibiting
conduct that directly relates to the circumstances of the crime for which the
offender has been convicted, and shall not be construed to mean orders
directing an offender affirmatively to participate in rehabilitative programs
or to otherwise perform affirmative conduct.
(12)(((a)))
"Criminal history" means the list of a defendant's prior convictions and
juvenile adjudications, whether in this state, in federal court, or
elsewhere. The history shall include, where known, for each conviction (((i)))
(a) whether the defendant has been placed on probation and the length
and terms thereof; and (((ii))) (b) whether the defendant has
been incarcerated and the length of incarceration.
(((b)
"Criminal history" shall always include juvenile convictions for sex
offenses and serious violent offenses and shall also include a defendant's
other prior convictions in juvenile court if: (i) The conviction was for an
offense which is a felony or a serious traffic offense and is criminal history
as defined in RCW 13.40.020(9); (ii) the defendant was fifteen years of age or
older at the time the offense was committed; and (iii) with respect to prior
juvenile class B and C felonies or serious traffic offenses, the defendant was
less than twenty-three years of age at the time the offense for which he or she
is being sentenced was committed.))
(13)
"Day fine" means a fine imposed by the sentencing judge that equals
the difference between the offender's net daily income and the reasonable
obligations that the offender has for the support of the offender and any
dependents.
(14)
"Day reporting" means a program of enhanced supervision designed to
monitor the defendant's daily activities and compliance with sentence
conditions, and in which the defendant is required to report daily to a
specific location designated by the department or the sentencing judge.
(15)
"Department" means the department of corrections.
(16)
"Determinate sentence" means a sentence that states with exactitude
the number of actual years, months, or days of total confinement, of partial
confinement, of community supervision, the number of actual hours or days of
community service work, or dollars or terms of a legal financial obligation.
The fact that an offender through "earned early release" can reduce
the actual period of confinement shall not affect the classification of the
sentence as a determinate sentence.
(17)
"Disposable earnings" means that part of the earnings of an
individual remaining after the deduction from those earnings of any amount
required by law to be withheld. For the purposes of this definition,
"earnings" means compensation paid or payable for personal services,
whether denominated as wages, salary, commission, bonuses, or otherwise, and,
notwithstanding any other provision of law making the payments exempt from
garnishment, attachment, or other process to satisfy a court-ordered legal
financial obligation, specifically includes periodic payments pursuant to
pension or retirement programs, or insurance policies of any type, but does not
include payments made under Title 50 RCW, except as provided in RCW 50.40.020
and 50.40.050, or Title 74 RCW.
(18)
"Drug offense" means:
(a)
Any felony violation of chapter 69.50 RCW except possession of a controlled
substance (RCW 69.50.401(d)) or forged prescription for a controlled substance
(RCW 69.50.403);
(b)
Any offense defined as a felony under federal law that relates to the
possession, manufacture, distribution, or transportation of a controlled
substance; or
(c)
Any out-of-state conviction for an offense that under the laws of this state
would be a felony classified as a drug offense under (a) of this subsection.
(19)
"Escape" means:
(a)
Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW
9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful
failure to return from work release (RCW 72.65.070), or willful failure to be
available for supervision by the department while in community custody (RCW
72.09.310); or
(b)
Any federal or out-of-state conviction for an offense that under the laws of
this state would be a felony classified as an escape under (a) of this
subsection.
(20)
"Felony traffic offense" means:
(a)
Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding
a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW
46.52.020(4)); or
(b)
Any federal or out-of-state conviction for an offense that under the laws of
this state would be a felony classified as a felony traffic offense under (a)
of this subsection.
(21)
"Fines" means the requirement that the offender pay a specific sum of
money over a specific period of time to the court.
(22)(((a)))
"First-time offender" means any person who is convicted of a felony
(((i))) (a) not classified as a violent offense or a sex offense
under this chapter, or (((ii))) (b) that is not the manufacture,
delivery, or possession with intent to manufacture or deliver a controlled
substance classified in schedule I or II that is a narcotic drug, nor the
manufacture, delivery, or possession with intent to deliver methamphetamine,
its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2),
nor the selling for profit of any controlled substance or counterfeit substance
classified in schedule I, RCW 69.50.204, except leaves and flowering tops of
marihuana, ((and except as provided in (b) of this subsection,)) who
previously has never been convicted of a felony in this state, federal court,
or another state, and who has never participated in a program of deferred
prosecution for a felony offense.
(((b)
For purposes of (a) of this subsection, a juvenile adjudication for an offense
committed before the age of fifteen years is not a previous felony conviction
except for adjudications of sex offenses and serious violent offenses.))
(23)
"Most serious offense" means any of the following felonies or a
felony attempt to commit any of the following felonies, as now existing or
hereafter amended:
(a)
Any felony defined under any law as a class A felony or criminal solicitation
of or criminal conspiracy to commit a class A felony;
(b)
Assault in the second degree;
(c)
Assault of a child in the second degree;
(d)
Child molestation in the second degree;
(e)
Controlled substance homicide;
(f)
Extortion in the first degree;
(g)
Incest when committed against a child under age fourteen;
(h)
Indecent liberties;
(i)
Kidnapping in the second degree;
(j)
Leading organized crime;
(k)
Manslaughter in the first degree;
(l)
Manslaughter in the second degree;
(m)
Promoting prostitution in the first degree;
(n)
Rape in the third degree;
(o)
Robbery in the second degree;
(p)
Sexual exploitation;
(q)
Vehicular assault;
(r)
Vehicular homicide, when proximately caused by the driving of any vehicle by
any person while under the influence of intoxicating liquor or any drug as
defined by RCW 46.61.502, or by the operation of any vehicle in a reckless
manner;
(s)
Any other class B felony offense with a finding of sexual motivation, as
"sexual motivation" is defined under this section;
(t)
Any other felony with a deadly weapon verdict under RCW 9.94A.125;
(u)
Any felony offense in effect at any time prior to December 2, 1993, that is
comparable to a most serious offense under this subsection, or any federal or
out-of-state conviction for an offense that under the laws of this state would
be a felony classified as a most serious offense under this subsection.
(24)
"Nonviolent offense" means an offense which is not a violent offense.
(25)
"Offender" means a person who has committed a felony established by
state law and is eighteen years of age or older or is less than eighteen years
of age but whose case is under superior court jurisdiction under RCW
13.04.030 or has been transferred by the appropriate juvenile court to a
criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms
"offender" and "defendant" are used interchangeably.
(26)
"Partial confinement" means confinement for no more than one year in
a facility or institution operated or utilized under contract by the state or
any other unit of government, or, if home detention or work crew has been
ordered by the court, in an approved residence, for a substantial portion of
each day with the balance of the day spent in the community. Partial
confinement includes work release, home detention, work crew, and a combination
of work crew and home detention as defined in this section.
(27)
"Persistent offender" is an offender who:
(a)(i)
Has been convicted in this state of any felony considered a most serious
offense; and
(ii)
Has, before the commission of the offense under (a) of this subsection, been
convicted as an offender on at least two separate occasions, whether in this
state or elsewhere, of felonies that under the laws of this state would be
considered most serious offenses and would be included in the offender score
under RCW 9.94A.360; provided that of the two or more previous convictions, at
least one conviction must have occurred before the commission of any of the
other most serious offenses for which the offender was previously convicted; or
(b)(i)
Has been convicted of (A) rape in the first degree, rape in the second degree,
or indecent liberties by forcible compulsion; (B) murder in the first degree,
murder in the second degree, kidnapping in the first degree, kidnapping in the
second degree, assault in the first degree, assault in the second degree, or
burglary in the first degree, with a finding of sexual motivation; or (C) an
attempt to commit any crime listed in this subsection (27)(b)(i); and
(ii)
Has, before the commission of the offense under (b)(i) of this subsection, been
convicted as an offender on at least one occasion, whether in this state or
elsewhere, of an offense listed in (b)(i) of this subsection.
(28)
"Postrelease supervision" is that portion of an offender's community
placement that is not community custody.
(29)
"Restitution" means the requirement that the offender pay a specific
sum of money over a specific period of time to the court as payment of
damages. The sum may include both public and private costs. The imposition of
a restitution order does not preclude civil redress.
(30)
"Serious traffic offense" means:
(a)
Driving while under the influence of intoxicating liquor or any drug (RCW
46.61.502), actual physical control while under the influence of intoxicating
liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or
hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b)
Any federal, out-of-state, county, or municipal conviction for an offense that
under the laws of this state would be classified as a serious traffic offense
under (a) of this subsection.
(31)
"Serious violent offense" is a subcategory of violent offense and
means:
(a)
Murder in the first degree, homicide by abuse, murder in the second degree,
assault in the first degree, kidnapping in the first degree, or rape in the
first degree, assault of a child in the first degree, or an attempt, criminal
solicitation, or criminal conspiracy to commit one of these felonies; or
(b)
Any federal or out-of-state conviction for an offense that under the laws of
this state would be a felony classified as a serious violent offense under (a)
of this subsection.
(32)
"Sentence range" means the sentencing court's discretionary range in
imposing a nonappealable sentence.
(33)
"Sex offense" means:
(a)
A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090
or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal
solicitation, or criminal conspiracy to commit such crimes;
(b)
A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135;
or
(c)
Any federal or out-of-state conviction for an offense that under the laws of
this state would be a felony classified as a sex offense under (a) of this
subsection.
(34)
"Sexual motivation" means that one of the purposes for which the
defendant committed the crime was for the purpose of his or her sexual
gratification.
(35)
"Total confinement" means confinement inside the physical boundaries
of a facility or institution operated or utilized under contract by the state
or any other unit of government for twenty-four hours a day, or pursuant to RCW
72.64.050 and 72.64.060.
(36)
"Transition training" means written and verbal instructions and
assistance provided by the department to the offender during the two weeks
prior to the offender's successful completion of the work ethic camp program.
The transition training shall include instructions in the offender's
requirements and obligations during the offender's period of community custody.
(37)
"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.
(38)
"Violent offense" means:
(a)
Any of the following felonies, as now existing or hereafter amended: Any
felony defined under any law as a class A felony or an attempt to commit a
class A felony, criminal solicitation of or criminal conspiracy to commit a
class A felony, manslaughter in the first degree, manslaughter in the second
degree, indecent liberties if committed by forcible compulsion, kidnapping in
the second degree, arson in the second degree, assault in the second degree,
assault of a child in the second degree, extortion in the first degree, robbery
in the second degree, drive-by shooting, vehicular assault, and
vehicular homicide, when proximately caused by the driving of any vehicle by
any person while under the influence of intoxicating liquor or any drug as
defined by RCW 46.61.502, or by the operation of any vehicle in a reckless
manner;
(b)
Any conviction for a felony offense in effect at any time prior to July 1,
1976, that is comparable to a felony classified as a violent offense in (a) of
this subsection; and
(c)
Any federal or out-of-state conviction for an offense that under the laws of
this state would be a felony classified as a violent offense under (a) or (b)
of this subsection.
(39)
"Work crew" means a program of partial confinement consisting of
civic improvement tasks for the benefit of the community of not less than
thirty-five hours per week that complies with RCW 9.94A.135. The civic
improvement tasks shall have minimal negative impact on existing private
industries or the labor force in the county where the service or labor is
performed. The civic improvement tasks shall not affect employment
opportunities for people with developmental disabilities contracted through
sheltered workshops as defined in RCW 82.04.385. Only those offenders
sentenced to a facility operated or utilized under contract by a county or the
state are eligible to participate on a work crew. Offenders sentenced for a
sex offense as defined in subsection (33) of this section are not eligible for
the work crew program.
(40)
"Work ethic camp" means an alternative incarceration program designed
to reduce recidivism and lower the cost of corrections by requiring offenders
to complete a comprehensive array of real-world job and vocational experiences,
character-building work ethics training, life management skills development, substance
abuse rehabilitation, counseling, literacy training, and basic adult education.
(41)
"Work release" means a program of partial confinement available to
offenders who are employed or engaged as a student in a regular course of study
at school. Participation in work release shall be conditioned upon the
offender attending work or school at regularly defined hours and abiding by the
rules of the work release facility.
(42)
"Home detention" means a program of partial confinement available to
offenders wherein the offender is confined in a private residence subject to
electronic surveillance.
Sec.
3. RCW
9.94A.040 and 1996 c 232 s 1 are each amended to read as follows:
(1)
A sentencing guidelines commission is established as an agency of state
government.
(2)
The legislature finds that the commission, having accomplished its original
statutory directive to implement this chapter, and having expertise in
sentencing practice and policies, shall:
(a)
Evaluate state sentencing policy, to include whether the sentencing ranges and
standards are consistent with and further:
(i)
The purposes of this chapter as defined in RCW 9.94A.010; and
(ii)
The intent of the legislature to emphasize confinement for the violent offender
and alternatives to confinement for the nonviolent offender.
The
commission shall provide the governor and the legislature with its evaluation
and recommendations under this subsection not later than December 1, 1996, and
every two years thereafter;
(b)
Recommend to the legislature revisions or modifications to the standard
sentence ranges, state sentencing policy, prosecuting standards, and other
standards. If implementation of the revisions or modifications would result in
exceeding the capacity of correctional facilities, then the commission shall
accompany its recommendation with an additional list of standard sentence
ranges which are consistent with correction capacity;
(c)
Study the existing criminal code and from time to time make recommendations to
the legislature for modification;
(d)(i)
Serve as a clearinghouse and information center for the collection,
preparation, analysis, and dissemination of information on state and local
adult and juvenile sentencing practices; (ii) develop and maintain a
computerized adult and juvenile sentencing information system by individual
superior court judge consisting of offender, offense, history, and sentence
information entered from judgment and sentence forms for all adult felons; and
(iii) conduct ongoing research regarding adult and juvenile sentencing
guidelines, use of total confinement and alternatives to total confinement,
plea bargaining, and other matters relating to the improvement of the adult
criminal justice system and the juvenile justice system;
(e)
Assume the powers and duties of the juvenile disposition standards commission
after June 30, 1996;
(f)
Evaluate the effectiveness of existing disposition standards and related
statutes in implementing policies set forth in RCW 13.40.010 generally,
specifically review the guidelines relating to the confinement of minor and
first offenders as well as the use of diversion, and review the application of
current and proposed juvenile sentencing standards and guidelines for potential
adverse impacts on the sentencing outcomes of racial and ethnic minority youth;
(g)
Solicit the comments and suggestions of the juvenile justice community
concerning disposition standards, and make recommendations to the legislature
regarding revisions or modifications of the standards ((in accordance with
RCW 9.94A.045)). The evaluations shall be submitted to the legislature on
December 1 of each odd-numbered year. The department of social and health
services shall provide the commission with available data concerning the
implementation of the disposition standards and related statutes and their
effect on the performance of the department's responsibilities relating to
juvenile offenders, and with recommendations for modification of the
disposition standards. The office of the administrator for the courts shall
provide the commission with available data on diversion and dispositions of
juvenile offenders under chapter 13.40 RCW; and
(h)
Not later than December 1, 1997, and at least every two years thereafter, based
on available information, report to the governor and the legislature on:
(i)
Racial disproportionality in juvenile and adult sentencing;
(ii)
The capacity of state and local juvenile and adult facilities and resources;
and
(iii)
Recidivism information on adult and juvenile offenders.
(3)
Each of the commission's recommended standard sentence ranges shall include one
or more of the following: Total confinement, partial confinement, community
supervision, community service, and a fine.
(4)
The standard sentence ranges of total and partial confinement under this
chapter are subject to the following limitations:
(a)
If the maximum term in the range is one year or less, the minimum term in the
range shall be no less than one-third of the maximum term in the range, except
that if the maximum term in the range is ninety days or less, the minimum term
may be less than one-third of the maximum;
(b)
If the maximum term in the range is greater than one year, the minimum term in
the range shall be no less than seventy-five percent of the maximum term in the
range; and
(c)
The maximum term of confinement in a range may not exceed the statutory maximum
for the crime as provided in RCW 9A.20.021.
(5)
The commission shall exercise its duties under this section in conformity with
chapter 34.05 RCW.
Sec.
4. RCW
9.94A.120 and 1996 c 275 s 2, 1996 c 215 s 5, 1996 c 199 s 1, and 1996 c 93 s 1
are each reenacted and amended to read as follows:
When
a person is convicted of a felony, the court shall impose punishment as
provided in this section.
(1)
Except as authorized in subsections (2), (4), (5), (6), and (8) of this
section, the court shall impose a sentence within the sentence range for the
offense.
(2)
The court may impose a sentence outside the standard sentence range for that
offense if it finds, considering the purpose of this chapter, that there are
substantial and compelling reasons justifying an exceptional sentence.
(3)
Whenever a sentence outside the standard range is imposed, the court shall set
forth the reasons for its decision in written findings of fact and conclusions
of law. A sentence outside the standard range shall be a determinate sentence.
(4)
A persistent offender shall be sentenced to a term of total confinement for
life without the possibility of parole or, when authorized by RCW 10.95.030 for
the crime of aggravated murder in the first degree, sentenced to death,
notwithstanding the maximum sentence under any other law. An offender
convicted of the crime of murder in the first degree shall be sentenced to a
term of total confinement not less than twenty years. An offender convicted of
the crime of assault in the first degree or assault of a child in the first
degree where the offender used force or means likely to result in death or
intended to kill the victim shall be sentenced to a term of total confinement
not less than five years. An offender convicted of the crime of rape in the
first degree shall be sentenced to a term of total confinement not less than
five years. The foregoing minimum terms of total confinement are mandatory and
shall not be varied or modified as provided in subsection (2) of this section.
In addition, all offenders subject to the provisions of this subsection shall
not be eligible for community custody, earned early release time, furlough,
home detention, partial confinement, work crew, work release, or any other form
of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or
(8), or any other form of authorized leave of absence from the correctional
facility while not in the direct custody of a corrections officer or officers
during such minimum terms of total confinement except in the case of an offender
in need of emergency medical treatment or for the purpose of commitment to an
inpatient treatment facility in the case of an offender convicted of the crime
of rape in the first degree.
(5)
In sentencing a first-time offender the court may waive the imposition of a
sentence within the sentence range and impose a sentence which may include up
to ninety days of confinement in a facility operated or utilized under contract
by the county and a requirement that the offender refrain from committing new offenses.
The sentence may also include up to two years of community supervision, which,
in addition to crime-related prohibitions, may include requirements that the
offender perform any one or more of the following:
(a)
Devote time to a specific employment or occupation;
(b)
Undergo available outpatient treatment for up to two years, or inpatient
treatment not to exceed the standard range of confinement for that offense;
(c)
Pursue a prescribed, secular course of study or vocational training;
(d)
Remain within prescribed geographical boundaries and notify the court or the
community corrections officer prior to any change in the offender's address or
employment;
(e)
Report as directed to the court and a community corrections officer; or
(f)
Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030
and/or perform community service work.
(6)(a)
An offender is eligible for the special drug offender sentencing alternative
if:
(i)
The offender is convicted of the manufacture, delivery, or possession with
intent to manufacture or deliver a controlled substance classified in Schedule
I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or
RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal
conspiracy to commit such crimes, and the violation does not involve a sentence
enhancement under RCW 9.94A.310 (3) or (4);
(ii)
The offender has no prior convictions for a felony in this state, another
state, or the United States; and
(iii)
The offense involved only a small quantity of the particular controlled
substance as determined by the judge upon consideration of such factors as the
weight, purity, packaging, sale price, and street value of the controlled
substance.
(b)
If the midpoint of the standard range is greater than one year and the
sentencing judge determines that the offender is eligible for this option and
that the offender and the community will benefit from the use of the special
drug offender sentencing alternative, the judge may waive imposition of a
sentence within the standard range and impose a sentence that must include a
period of total confinement in a state facility for one-half of the midpoint of
the standard range. During incarceration in the state facility, offenders sentenced
under this subsection shall undergo a comprehensive substance abuse assessment
and receive, within available resources, treatment services appropriate for the
offender. The treatment services shall be designed by the division of alcohol
and substance abuse of the department of social and health services, in
cooperation with the department of corrections. If the midpoint of the
standard range is twenty-four months or less, no more than three months of the
sentence may be served in a work release status. The court shall also impose
one year of concurrent community custody and community supervision that must
include appropriate outpatient substance abuse treatment, crime-related
prohibitions including a condition not to use illegal controlled substances,
and a requirement to submit to urinalysis or other testing to monitor that
status. The court may require that the monitoring for controlled substances be
conducted by the department or by a treatment alternatives to street crime
program or a comparable court or agency-referred program. The offender may be
required to pay thirty dollars per month while on community custody to offset
the cost of monitoring. In addition, the court shall impose three or more of
the following conditions:
(i)
Devote time to a specific employment or training;
(ii)
Remain within prescribed geographical boundaries and notify the court or the
community corrections officer before any change in the offender's address or
employment;
(iii)
Report as directed to a community corrections officer;
(iv)
Pay all court-ordered legal financial obligations;
(v)
Perform community service work;
(vi)
Stay out of areas designated by the sentencing judge.
(c)
If the offender violates any of the sentence conditions in (b) of this
subsection, the department shall impose sanctions administratively, with notice
to the prosecuting attorney and the sentencing court. Upon motion of the court
or the prosecuting attorney, a violation hearing shall be held by the court.
If the court finds that conditions have been willfully violated, the court may
impose confinement consisting of up to the remaining one-half of the midpoint
of the standard range. All total confinement served during the period of
community custody shall be credited to the offender, regardless of whether the
total confinement is served as a result of the original sentence, as a result
of a sanction imposed by the department, or as a result of a violation found by
the court. The term of community supervision shall be tolled by any period of
time served in total confinement as a result of a violation found by the court.
(d)
The department shall determine the rules for calculating the value of a day
fine based on the offender's income and reasonable obligations which the
offender has for the support of the offender and any dependents. These rules
shall be developed in consultation with the administrator for the courts, the
office of financial management, and the commission.
(7)
If a sentence range has not been established for the defendant's crime, the
court shall impose a determinate sentence which may include not more than one
year of confinement, community service work, a term of community supervision
not to exceed one year, and/or other legal financial obligations. The court
may impose a sentence which provides more than one year of confinement if the
court finds, considering the purpose of this chapter, that there are
substantial and compelling reasons justifying an exceptional sentence.
(8)(a)(i)
When an offender is convicted of a sex offense other than a violation of RCW
9A.44.050 or a sex offense that is also a serious violent offense and has no
prior convictions for a sex offense or any other felony sex offenses in this or
any other state, the sentencing court, on its own motion or the motion of the
state or the defendant, may order an examination to determine whether the
defendant is amenable to treatment.
The
report of the examination shall include at a minimum the following: The
defendant's version of the facts and the official version of the facts, the
defendant's offense history, an assessment of problems in addition to alleged
deviant behaviors, the offender's social 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 defendant's amenability to
treatment and relative risk to the community. A proposed treatment plan shall
be provided and shall include, at a minimum:
(A)
Frequency and type of contact between offender and therapist;
(B)
Specific issues to be addressed in the treatment and description of planned
treatment modalities;
(C)
Monitoring plans, including any requirements regarding living conditions,
lifestyle requirements, and monitoring by family members and others;
(D)
Anticipated length of treatment; and
(E)
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.
(ii)
After receipt of the reports, the court shall consider whether the offender and
the community will benefit from use of this special sexual offender sentencing
alternative and consider the victim's opinion whether the offender should
receive a treatment disposition under this subsection. If the court determines
that this special sex offender sentencing alternative is appropriate, the court
shall then impose a sentence within the sentence range. If this sentence is
less than eight years of confinement, the court may suspend the execution of
the sentence and impose the following conditions of suspension:
(A)
The court shall place the defendant on community custody for the length of the
suspended sentence or three years, whichever is greater, and require the
offender to comply with any conditions imposed by the department of corrections
under subsection (14) of this section; and
(B)
The court shall order treatment for any period up to three years in duration.
The court in its discretion shall order outpatient sex offender treatment or
inpatient sex offender treatment, if available. A community mental health
center may not be used for such treatment unless it has an appropriate program
designed for sex offender treatment. The offender shall not change sex
offender treatment providers or treatment conditions without first notifying
the prosecutor, the community corrections officer, and the court, and shall not
change providers without court approval after a hearing if the prosecutor or
community corrections officer object to the change. In addition, as conditions
of the suspended sentence, the court may impose other sentence conditions
including up to six months of confinement, not to exceed the sentence range of
confinement for that offense, crime-related prohibitions, and requirements that
the offender perform any one or more of the following:
(I)
Devote time to a specific employment or occupation;
(II)
Remain within prescribed geographical boundaries and notify the court or the
community corrections officer prior to any change in the offender's address or
employment;
(III)
Report as directed to the court and a community corrections officer;
(IV)
Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030,
perform community service work, or any combination thereof; or
(V)
Make recoupment to the victim for the cost of any counseling required as a
result of the offender's crime.
(iii)
The sex offender therapist shall submit quarterly reports on the defendant's
progress in treatment to the court and the parties. The report shall reference
the treatment plan and include at a minimum the following: Dates of attendance,
defendant's compliance with requirements, treatment activities, the defendant's
relative progress in treatment, and any other material as specified by the
court at sentencing.
(iv)
At the time of sentencing, the court shall set a treatment termination hearing
for three months prior to the anticipated date for completion of treatment.
Prior to the treatment termination hearing, the treatment professional and
community corrections officer shall submit written reports to the court and
parties regarding the defendant's compliance with treatment and monitoring
requirements, and recommendations regarding termination from treatment,
including proposed community supervision conditions. Either party may request
and the court may order another evaluation regarding the advisability of
termination from treatment. The defendant shall pay the cost of any additional
evaluation ordered unless the court finds the defendant to be indigent in which
case the state shall pay the cost. At the treatment termination hearing the
court may: (A) Modify conditions of community custody, and either (B)
terminate treatment, or (C) extend treatment for up to the remaining period of
community custody.
(v)
If a violation of conditions occurs during community custody, the department
shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer
the violation to the court and recommend revocation of the suspended sentence
as provided for in (a)(vi) of this subsection.
(vi)
The court may revoke the suspended sentence at any time during the period of
community custody and order execution of the sentence if: (A) The defendant
violates the conditions of the suspended sentence, or (B) the court finds that
the defendant is failing to make satisfactory progress in treatment. All
confinement time served during the period of community custody shall be
credited to the offender if the suspended sentence is revoked.
(vii)
Except as provided in (a) (viii) of this subsection, 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.
(viii)
A sex offender therapist who examines or treats a sex offender pursuant to this
subsection (8) 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 (8) and the rules adopted by the department of health.
(ix)
For purposes of this subsection (8), "victim" means any person
who has sustained emotional, psychological, physical, or financial injury to
person or property as a result of the crime charged. "Victim" also
means a parent or guardian of a victim who is a minor child unless the parent
or guardian is the perpetrator of the offense.
(x)
If the defendant was less than eighteen years of age when the charge was filed,
the state shall pay for the cost of initial evaluation and treatment.
(b)
When an offender commits any felony sex offense on or after July 1, 1987, and
is sentenced to a term of confinement of more than one year but less than six
years, the sentencing court may, on its own motion or on the motion of the
offender or the state, request the department of corrections to evaluate
whether the offender is amenable to treatment and the department may place the
offender in a treatment program within a correctional facility operated by the
department.
Except
for an offender who has been convicted of a violation of RCW 9A.44.040 or
9A.44.050, if the offender completes the treatment program before the
expiration of his or her term of confinement, the department of corrections may
request the court to convert the balance of confinement to community
supervision and to place conditions on the offender including crime-related
prohibitions and requirements that the offender perform any one or more of the
following:
(i)
Devote time to a specific employment or occupation;
(ii)
Remain within prescribed geographical boundaries and notify the court or the
community corrections officer prior to any change in the offender's address or
employment;
(iii)
Report as directed to the court and a community corrections officer;
(iv)
Undergo available outpatient treatment.
If
the offender violates any of the terms of his or her community supervision, the
court may order the offender to serve out the balance of his or her community
supervision term in confinement in the custody of the department of
corrections.
Nothing
in this subsection (8)(b) shall confer eligibility for such programs for
offenders convicted and sentenced for a sex offense committed prior to July 1,
1987. This subsection (8)(b) does not apply to any crime committed after July
1, 1990.
(c)
Offenders convicted and sentenced for a sex offense committed prior to July 1,
1987, may, subject to available funds, request an evaluation by the department
of corrections to determine whether they are amenable to treatment. If the
offender is determined to be amenable to treatment, the offender may request
placement in a treatment program within a correctional facility operated by the
department. Placement in such treatment program is subject to available funds.
(9)(a)
When a court sentences a person to a term of total confinement to the custody
of the department of corrections for an offense categorized as a sex offense or
a serious violent offense committed after July 1, 1988, but before July 1,
1990, assault in the second degree, assault of a child in the second degree,
any crime against a person where it is determined in accordance with RCW
9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at
the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW
not sentenced under subsection (6) of this section, committed on or after July
1, 1988, the court shall in addition to the other terms of the sentence,
sentence the offender to a one-year term of community placement beginning
either upon completion of the term of confinement or at such time as the
offender is transferred to community custody in lieu of earned early release in
accordance with RCW 9.94A.150 (1) and (2). When the court sentences an
offender under this subsection to the statutory maximum period of confinement
then the community placement portion of the sentence shall consist entirely of
such community custody to which the offender may become eligible, in accordance
with RCW 9.94A.150 (1) and (2). Any period of community custody actually
served shall be credited against the community placement portion of the
sentence.
(b)
When a court sentences a person to a term of total confinement to the custody
of the department of corrections for an offense categorized as a sex offense
committed on or after July 1, 1990, but before June 6, 1996, a serious violent
offense, vehicular homicide, or vehicular assault, committed on or after July
1, 1990, the court shall in addition to other terms of the sentence, sentence
the offender to community placement for two years or up to the period of earned
early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is
longer. The community placement shall begin either upon completion of the term
of confinement or at such time as the offender is transferred to community
custody in lieu of earned early release in accordance with RCW 9.94A.150 (1)
and (2). When the court sentences an offender under this subsection to the
statutory maximum period of confinement then the community placement portion of
the sentence shall consist entirely of the community custody to which the
offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2).
Any period of community custody actually served shall be credited against the
community placement portion of the sentence. Unless a condition is waived by
the court, the terms of community placement for offenders sentenced pursuant to
this section shall include the following conditions:
(i)
The offender shall report to and be available for contact with the assigned
community corrections officer as directed;
(ii)
The offender shall work at department of corrections-approved education,
employment, and/or community service;
(iii)
The offender shall not consume controlled substances except pursuant to
lawfully issued prescriptions;
(iv)
An offender in community custody shall not unlawfully possess controlled
substances;
(v)
The offender shall pay supervision fees as determined by the department of
corrections; and
(vi)
The residence location and living arrangements are subject to the prior
approval of the department of corrections during the period of community
placement.
(c)
As a part of any sentence imposed under (a) or (b) of this subsection, the
court may also order any of the following special conditions:
(i)
The offender shall remain within, or outside of, a specified geographical
boundary;
(ii)
The offender shall not have direct or indirect contact with the victim of the
crime or a specified class of individuals;
(iii)
The offender shall participate in crime-related treatment or counseling
services;
(iv)
The offender shall not consume alcohol;
(v)
The offender shall comply with any crime-related prohibitions; or
(vi)
For an offender convicted of a felony sex offense against a minor victim after
June 6, 1996, the offender shall comply with any terms and conditions of
community placement imposed by the department of corrections relating to
contact between the sex offender and a minor victim or a child of similar age
or circumstance as a previous victim.
(d)
Prior to transfer to, or during, community placement, any conditions of
community placement may be removed or modified so as not to be more restrictive
by the sentencing court, upon recommendation of the department of corrections.
(10)(a)
When a court sentences a person to the custody of the department of corrections
for an offense categorized as a sex offense committed on or after June 6, 1996,
the court shall, in addition to other terms of the sentence, sentence the
offender to community custody for three years or up to the period of earned
early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is
longer. The community custody shall begin either upon completion of the term
of confinement or at such time as the offender is transferred to community
custody in lieu of earned early release in accordance with RCW 9.94A.150 (1)
and (2).
(b)
Unless a condition is waived by the court, the terms of community custody shall
be the same as those provided for in subsection (9)(b) of this section and may
include those provided for in subsection (9)(c) of this section. As part of
any sentence that includes a term of community custody imposed under this
subsection, the court shall also require the offender to comply with any
conditions imposed by the department of corrections under subsection (14) of
this section.
(c)
At any time prior to the completion of a sex offender's term of community
custody, if the court finds that public safety would be enhanced, the court may
impose and enforce an order extending any or all of the conditions imposed
pursuant to this section for a period up to the maximum allowable sentence for
the crime as it is classified in chapter 9A.20 RCW, regardless of the
expiration of the offender's term of community custody. If a violation of a
condition extended under this subsection occurs after the expiration of the
offender's term of community custody, it shall be deemed a violation of the
sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of
court as provided for in RCW 7.21.040.
(11)
If the court imposes a sentence requiring confinement of thirty days or less,
the court may, in its discretion, specify that the sentence be served on
consecutive or intermittent days. A sentence requiring more than thirty days
of confinement shall be served on consecutive days. Local jail administrators
may schedule court-ordered intermittent sentences as space permits.
(12)
If a sentence imposed includes payment of a legal financial obligation, the
sentence shall specify the total amount of the legal financial obligation owed,
and shall require the offender to pay a specified monthly sum toward that legal
financial obligation. Restitution to victims shall be paid prior to any other
payments of monetary obligations. Any legal financial obligation that is
imposed by the court may be collected by the department, which shall deliver
the amount paid to the county clerk for credit. The offender's compliance with
payment of legal financial obligations shall be supervised by the department.
All monetary payments ordered shall be paid no later than ten years after the
last date of release from confinement pursuant to a felony conviction or the
date the sentence was entered. Independent of the department, the party or
entity to whom the legal financial obligation is owed shall have the authority
to utilize any other remedies available to the party or entity to collect the
legal financial obligation. Nothing in this section makes the department, the
state, or any of its employees, agents, or other persons acting on their behalf
liable under any circumstances for the payment of these legal financial
obligations. If an order includes restitution as one of the monetary
assessments, the county clerk shall make disbursements to victims named in the
order.
(13)
Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not
impose a sentence providing for a term of confinement or community supervision
or community placement which exceeds the statutory maximum for the crime as
provided in chapter 9A.20 RCW.
(14)
All offenders sentenced to terms involving community supervision, community
service, community placement, or legal financial obligation shall be under the
supervision of the department of corrections and shall follow explicitly the
instructions and conditions of the department of corrections.
(a)
The instructions shall include, at a minimum, reporting as directed to a
community corrections officer, remaining within prescribed geographical
boundaries, notifying the community corrections officer of any change in the
offender's address or employment, and paying the supervision fee assessment.
(b)
For sex offenders sentenced to terms involving community custody for crimes
committed on or after June 6, 1996, the department may include, in addition to
the instructions in (a) of this subsection, any appropriate conditions of
supervision, including but not limited to, prohibiting the offender from having
contact with any other specified individuals or specific class of individuals.
The conditions authorized under this subsection (14)(b) may be imposed by the
department prior to or during a sex offender's community custody term. If a
violation of conditions imposed by the court or the department pursuant to
subsection (10) of this section occurs during community custody, it shall be
deemed a violation of community placement for the purposes of RCW 9.94A.207 and
shall authorize the department to transfer an offender to a more restrictive
confinement status as provided in RCW 9.94A.205. At any time prior to the
completion of a sex offender's term of community custody, the department may
recommend to the court that any or all of the conditions imposed by the court
or the department pursuant to subsection (10) of this section be continued
beyond the expiration of the offender's term of community custody as authorized
in subsection (10)(c) of this section.
The
department may require offenders to pay for special services rendered on or
after July 25, 1993, including electronic monitoring, day reporting, and
telephone reporting, dependent upon the offender's ability to pay. The
department may pay for these services for offenders who are not able to pay.
(15)
All offenders sentenced to terms involving community supervision, community
service, or community placement under the supervision of the department of
corrections shall not own, use, or possess firearms or ammunition. Offenders
who own, use, or are found to be in actual or constructive possession of
firearms or ammunition shall be subject to the appropriate violation process
and sanctions. "Constructive possession" as used in this subsection
means the power and intent to control the firearm or ammunition.
"Firearm" as used in this subsection means a weapon or device from
which a projectile may be fired by an explosive such as gunpowder.
(16)
The sentencing court shall give the offender credit for all confinement time
served before the sentencing if that confinement was solely in regard to the
offense for which the offender is being sentenced.
(17)
A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether
sentences are to be served consecutively or concurrently is an exceptional
sentence subject to the limitations in subsections (2) and (3) of this section,
and may be appealed by the defendant or the state as set forth in RCW 9.94A.210
(2) through (6).
(18)
The court shall order restitution whenever the offender is convicted of a
felony that results in injury to any person or damage to or loss of property,
whether the offender is sentenced to confinement or placed under community
supervision, unless extraordinary circumstances exist that make restitution
inappropriate in the court's judgment. The court shall set forth the
extraordinary circumstances in the record if it does not order restitution.
(19)
As a part of any sentence, the court may impose and enforce an order that
relates directly to the circumstances of the crime for which the offender has
been convicted, prohibiting the offender from having any contact with other
specified individuals or a specific class of individuals for a period not to
exceed the maximum allowable sentence for the crime, regardless of the
expiration of the offender's term of community supervision or community
placement.
(20)
In any sentence of partial confinement, the court may require the defendant to
serve the partial confinement in work release, in a program of home detention,
on work crew, or in a combined program of work crew and home detention.
(21)
All court-ordered legal financial obligations collected by the department and
remitted to the county clerk shall be credited and paid where restitution is
ordered. Restitution shall be paid prior to any other payments of monetary
obligations.
Sec.
5. 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)))
(5)(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 or prior juvenile offenses for which sentences were
served consecutively, 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))) (5), "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)))
(6) 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)))
(7) If the present conviction is for a nonviolent offense and not
covered by subsection (((12))) (11) or (((13))) (12)
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)))
(8) If the present conviction is for a violent offense and not covered
in subsection (((10), (11), (12), or (13))) (9), (10), (11), or (12)
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)))
(9) If the present conviction is for Murder 1 or 2, Assault 1, Assault
of a Child 1, Kidnapping 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)))
(10) If the present conviction is for Burglary 1, count prior
convictions as in subsection (((9))) (8) 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)))
(11) 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)))
(12) 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))) (8) of this section if the current drug
offense is violent, or as in subsection (((8))) (7) of this
section if the current drug offense is nonviolent.
(((14)))
(13) 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)))
(14) 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)))
(15) If the present conviction is for Burglary 2 or residential
burglary, count priors as in subsection (((8))) (7) 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)))
(16) If the present conviction is for a sex offense, count priors as in
subsections (((8))) (7) through (((16))) (15) of
this section; however count three points for each adult and juvenile prior sex
offense conviction.
(((18)))
(17) If the present conviction is for an offense committed while the
offender was under community placement, add one point.
Sec.
6. RCW
13.04.011 and 1992 c 205 s 119 are each amended to read as follows:
For
purposes of this title:
(1)
"Adjudication" has the same meaning as "conviction" in
RCW 9.94A.030, and the terms must be construed identically and used
interchangeably;
(2)
Except as specifically provided in RCW 13.40.020 and chapter 13.24 RCW, ((as
now or hereafter amended,)) "juvenile," "youth," and
"child" mean any individual who is under the chronological age of
eighteen years;
(((2)))
(3) "Juvenile offender" and "juvenile offense" have
the meaning ascribed in RCW 13.40.020;
(((3)))
(4) "Court" when used without further qualification means the
juvenile court judge(s) or commissioner(s);
(((4)))
(5) "Parent" or "parents," except as used in chapter
13.34 RCW, ((as now or hereafter amended,)) means that parent or parents
who have the right of legal custody of the child. "Parent" or
"parents" as used in chapter 13.34 RCW, means the biological or
adoptive parents of a child unless the legal rights of that person have been
terminated by judicial proceedings;
(((5)))
(6) "Custodian" means that person who has the legal right to
custody of the child.
Sec.
7. 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 or
civil 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 or civil infraction, or violation has expired; or
(iii)
The alleged offense or infraction is a traffic, fish, boating, or game offense,
or traffic or civil 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,
and no guardian ad litem is required in any such proceeding due to the
juvenile's age: 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;
(C)
Robbery in the first degree, rape of a child in the first degree, or drive-by
shooting, committed on or after the effective date of this section;
(D)
Burglary in the first degree committed on or after the effective date of this section,
and the juvenile has a criminal history consisting of one or more prior felony
or misdemeanor offenses; or
(E)
Any violent offense as defined in RCW 9.94A.030 committed on or after the
effective date of this section, and the juvenile is alleged to have been armed
with a firearm.
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 under (e)(iv) of this subsection, 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.
Sec.
8. 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 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)
Provide necessary treatment, supervision, and custody for juvenile offenders;
(g)
Provide for the handling of juvenile offenders by communities whenever
consistent with public safety;
(h)
Provide for restitution to victims of crime;
(i)
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)
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
(k)
Encourage the parents, guardian, or custodian of the juvenile to actively
participate in the juvenile justice process.
Sec.
9. 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)) disposition.
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));
(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:
Employment; attendance of information classes; literacy 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 that
was entered before the effective date of this section or a deferred disposition
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)
"Intensive supervision program" means a parole program that
requires intensive supervision and monitoring, offers an array of
individualized treatment and transitional services, and emphasizes community
involvement and support in order to reduce the likelihood a juvenile offender
will commit further offenses;
(15)
"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)))
(16) "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)))
(17) "Manifest injustice" means a disposition that would
either impose an excessive penalty on the juvenile or would impose a serious,
and clear danger to society in light of the purposes of this chapter;
(((17)))
(18) "Middle offender" means a person who has committed an
offense and who is neither a minor or first offender nor a serious offender;
(((18)))
(19) "Minor or first offender" means a person whose current
offense(s) and criminal history fall entirely within one of the following
categories:
(a)
Four misdemeanors;
(b)
Two misdemeanors and one gross misdemeanor;
(c)
One misdemeanor and two gross misdemeanors; and
(d)
Three gross misdemeanors.
For
purposes of this definition, current violations shall be counted as
misdemeanors;
(((19)))
(20) "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)))
(21) "Respondent" means a juvenile who is alleged or proven to
have committed an offense;
(((21)))
(22) "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)))
(23) "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)))
(24) "Services" means 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)))
(25) "Sex offense" means an offense defined as a sex offense
in RCW 9.94A.030;
(((25)))
(26) "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)))
(27) "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)))
(28) "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)))
(29) "Violent offense" means a violent offense as defined in
RCW 9.94A.030;
(((29)))
(30) "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)))
(31) "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.
This
section expires July 1, 1998.
Sec.
10. 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)))
(2) "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)) disposition.
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));
(((4)))
(3) Community-based sanctions may include one or more of the following:
(a)
A fine, not to exceed ((one)) five hundred dollars;
(b)
Community service not to exceed one hundred fifty hours of service;
(((5)))
(4) "Community-based rehabilitation" means one or more of the
following: Employment; attendance of information classes; literacy
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)))
(5) "Monitoring and reporting requirements" means one or more
of the following: Curfews; requirements to remain at home, school, work, or
court-ordered treatment programs during specified hours; restrictions from
leaving or entering specified geographical areas; requirements to report to the
probation officer as directed and to remain under the probation officer's
supervision; and other conditions or limitations as the court may require which
may not include confinement;
(((7)))
(6) "Confinement" means physical custody by the department of
social and health services in a facility operated by or pursuant to a contract
with the state, or physical custody in a detention facility operated by or
pursuant to a contract with any county. The county may operate or contract
with vendors to operate county detention facilities. The department may
operate or contract to operate detention facilities for juveniles committed to
the department. Pretrial confinement or confinement of less than thirty-one
days imposed as part of a disposition or modification order may be served
consecutively or intermittently, in the discretion of the court;
(((8)))
(7) "Court,"((,)) when used without further
qualification, means the juvenile court judge(s) or commissioner(s);
(((9)))
(8) "Criminal history" includes all criminal complaints
against the respondent for which, prior to the commission of a current offense:
(a)
The allegations were found correct by a court. If a respondent is convicted of
two or more charges arising out of the same course of conduct, only the highest
charge from among these shall count as an offense for the purposes of this
chapter; or
(b)
The criminal complaint was diverted by a prosecutor pursuant to the provisions
of this chapter on agreement of the respondent and after an advisement to the
respondent that the criminal complaint would be considered as part of the
respondent's criminal history. A successfully completed deferred adjudication that
was entered before the effective date of this section or a deferred disposition
shall not be considered part of the respondent's criminal history;
(((10)))
(9) "Department" means the department of social and health
services;
(((11)))
(10) "Detention facility" means a county facility, 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)))
(11) "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)))
(12) "Institution" means a juvenile facility established
pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(((14)))
(13) "Intensive supervision program" means a parole program that
requires intensive supervision and monitoring, offers an array of
individualized treatment and transitional services, and emphasizes community
involvement and support in order to reduce the likelihood a juvenile offender
will commit further offenses;
(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)
"Local sanctions" means one or more of the following: (a) 0‑30
days of confinement; (b) 0‑12 months of community supervision; (c) 0‑150
hours of community service; or (d) $0‑$500 fine;
(((16)))
(17) "Manifest injustice" means a disposition that would
either impose an excessive penalty on the juvenile or would impose a serious,
and clear danger to society in light of the purposes of this chapter;
(((17)
"Middle offender" means a person who has committed an offense and who
is neither a minor or first offender nor a serious offender;
(18)
"Minor or first offender" means a person whose current offense(s) and
criminal history fall entirely within one of the following categories:
(a)
Four misdemeanors;
(b)
Two misdemeanors and one gross misdemeanor;
(c)
One misdemeanor and two gross misdemeanors; and
(d)
Three gross misdemeanors.
For
purposes of this definition, current violations shall be counted as
misdemeanors;
(19))) (18)
"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)))
(19) "Respondent" means a juvenile who is alleged or proven to
have committed an offense;
(((21)))
(20) "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)))
(21) "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)))
(22) "Services" means 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)))
(23) "Sex offense" means an offense defined as a sex offense
in RCW 9.94A.030;
(((25)))
(24) "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)))
(25) "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)))
(26) "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)))
(27) "Violent offense" means a violent offense as defined in
RCW 9.94A.030;
(((29)))
(28) "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)))
(29) "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.
11. 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+ Drive-By
Shooting
(9A.36.045) C+
D+ Reckless
Endangerment
(9A.36.050) E
C+ Promoting
Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
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
C Vehicle
Prowling 1 (9A.52.095) D
D Vehicle Prowling 2 (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
B Theft of Firearm (9A.56.300) C
B Possession
of Stolen Firearm
(9A.56.310) C
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
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))
D Obstructing
a 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 1 (9A.44.073) B+
B+ Rape of a Child 2 (9A.44.076) C+
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+)) ((C+))
A- Child Molestation 1 (9A.44.083) B+
((C+))
B Child Molestation 2 (9A.44.086) C+
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 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
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
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 V
1Escape 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
2If the
court finds that a respondent has violated terms of an order, it may impose a penalty
of up to 30 days of confinement.
SCHEDULE B
PRIOR
OFFENSE INCREASE FACTOR
For
use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25
Months
CATEGORY Months Months or More
........................................
A+ .9 .9 .9
A .9 .8 .6
A- .9 .8 .5
B+ .9 .7 .4
B .9 .6 .3
C+ .6 .3 .2
C .5 .2 .2
D+ .3 .2 .1
D .2 .1 .1
E .1 .1 .1
Prior history - Any offense in which a diversion
agreement or counsel and release form was signed, or any offense which has been
adjudicated by court to be correct prior to the commission of the current
offense(s).
SCHEDULE C
CURRENT
OFFENSE POINTS
For
use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12
&
CATEGORY Under 13 14 15 16 17
........................................
A+ STANDARD
RANGE 180-224 WEEKS
A 250 300 350 375 375 375
A- 150 150 150 200 200 200
B+ 110 110 120 130 140 150
B 45 45 50 50 57 57
C+ 44 44 49 49 55 55
C 40 40 45 45 50 50
D+ 16 18 20 22 24 26
D 14 16 18 20 22 24
E 4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first
offenders. After the determination is made that a youth is a minor/first
offender, the court has the discretion to select sentencing option A, B, or C.
MINOR/FIRST
OFFENDER
OPTION
A
STANDARD
RANGE
Community
Community Service
Points Supervision Hours Fine
........................................
1-9 0-3 months and/or 0-8 and/or 0-$10
10-19 0-3 months and/or 0-8 and/or 0-$10
20-29 0-3 months and/or 0-16 and/or 0-$10
30-39 0-3 months and/or 8-24 and/or 0-$25
40-49 3-6 months and/or 16-32 and/or 0-$25
50-59 3-6 months and/or 24-40 and/or 0-$25
60-69 6-9 months and/or 32-48 and/or 0-$50
70-79 6-9 months and/or 40-56 and/or 0-$50
80-89 9-12 months and/or 48-64 and/or 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 option
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.
This section expires July 1, 1998.
Sec.
12. 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+ Drive-By
Shooting
(9A.36.045) C+
D+ Reckless
Endangerment
(9A.36.050) E
C+ Promoting
Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
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
C Vehicle
Prowling 1 (9A.52.095) D
D Vehicle Prowling 2 (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
B Theft of Firearm (9A.56.300) C
B Possession
of Stolen Firearm
(9A.56.310) C
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
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))
D Obstructing
a 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 1 (9A.44.073) B+
B+ Rape of a Child 2 (9A.44.076) C+
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+)) ((C+))
A- Child Molestation 1 (9A.44.083) B+
((C+))
B Child Molestation 2 (9A.44.086) C+
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 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
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
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 V
1Escape 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
2If the
court finds that a respondent has violated terms of an order, it may impose a
penalty of up to 30 days of confinement.
((SCHEDULE B
PRIOR
OFFENSE INCREASE FACTOR
For
use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25
Months
CATEGORY Months Months or More
........................................
A+ .9 .9 .9
A .9 .8 .6
A- .9 .8 .5
B+ .9 .7 .4
B
.9 .6 .3
C+ .6 .3 .2
C
.5 .2 .2
D+ .3 .2 .1
D
.2 .1 .1
E
.1 .1 .1
Prior history - Any offense in which a diversion
agreement or counsel and release form was signed, or any offense which has been
adjudicated by court to be correct prior to the commission of the current offense(s).
SCHEDULE C
CURRENT
OFFENSE POINTS
For
use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12
&
CATEGORY Under 13 14 15 16 17
........................................
A+ STANDARD
RANGE 180-224 WEEKS
A 250 300 350 375 375 375
A- 150 150 150 200 200 200
B+ 110 110 120 130 140 150
B 45 45 50 50 57 57
C+ 44 44 49 49 55 55
C 40 40 45 45 50 50
D+ 16 18 20 22 24 26
D 14 16 18 20 22 24
E 4 4 4 6 8 10))
JUVENILE SENTENCING STANDARDS
((SCHEDULE D-1))
This schedule ((may only)) must be
used for ((minor/first)) juvenile offenders. ((After the
determination is made that a youth is a minor/first offender,)) The
court ((has the discretion to)) may 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))
OPTION A
JUVENILE OFFENDER SENTENCING
GRID
STANDARD RANGE
A+ 180
WEEKS TO AGE 21 YEARS
A 103
WEEKS TO 129 WEEKS
A- 15-36 |52-65 |80-100 |103-129
WEEKS |WEEKS |WEEKS|WEEKS
EXCEPT | | |
30-40 | | |
WEEKS FOR | | |
15-17 | | |
YEAR OLDS | | |
Current B+ 15-36 |52-65 |80-100 |103-129
Offense WEEKS |WEEKS |WEEKS |WEEKS
Category
B LOCAL SANCTIONS (LS) | |52-65
|15-36
WEEKS |WEEKS
C+ LS |
|15-36
WEEKS
C LS |15-36
WEEKS
|
Local
Sanctions:
0
to 30 Days
D+ LS 0
to 12 Months Community Supervision
0
to 150 Hours Community Service
D LS $0
to $500 Fine
E LS
0 1 2 3 4
or more
PRIOR
ADJUDICATIONS
NOTE:
References in the grid to days or weeks mean periods of confinement.
(1)
The vertical axis of the grid is the current offense category. The current
offense category is determined by the offense of adjudication.
(2)
The horizontal axis of the grid is the number of prior adjudications included
in the juvenile's criminal history. Each prior felony adjudication shall count
as one point. Each prior violation, misdemeanor, and gross misdemeanor
adjudication shall count as 1/4 point. Fractional points shall be rounded
down.
(3)
The standard range disposition for each offense is determined by the
intersection of the column defined by the prior adjudications and the row
defined by the current offense category.
(4)
RCW 13.40.180 applies if the offender is being sentenced for more than one
offense.
(5)
A current offense that is a violation is equivalent to an offense category of
E. However, a disposition for a violation shall not include confinement.
OR
OPTION
B
((STATUTORY
OPTION))
CHEMICAL
DEPENDENCY DISPOSITION ALTERNATIVE
((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)) juvenile
offender ((has 110 points or more)) is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has not
committed an A- or B+ offense, 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))
RCW 13.40.160(5) and section 26 of this act.
OR
OPTION
C
MANIFEST
INJUSTICE
If the court determines that a disposition under option
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)) impose a disposition outside the standard range
under RCW 13.40.160(2).
((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.))
Sec.
13. RCW
13.40.040 and 1995 c 395 s 4 are each amended to read as follows:
(1)
A juvenile may be taken into custody:
(a)
Pursuant to a court order if a complaint is filed with the court alleging, and
the court finds probable cause to believe, that the juvenile has committed an
offense or has violated terms of a disposition order or release order; or
(b)
Without a court order, by a law enforcement officer if grounds exist for the
arrest of an adult in identical circumstances. Admission to, and continued
custody in, a court detention facility shall be governed by subsection (2) of
this section; or
(c)
Pursuant to a court order that the juvenile be held as a material witness; or
(d)
Where the secretary or the secretary's designee has suspended the parole of a
juvenile offender.
(2)
A juvenile may not be held in detention unless there is probable cause to
believe that:
(a)
The juvenile has committed an offense or has violated the terms of a
disposition order; and
(i)
The juvenile will likely fail to appear for further proceedings; or
(ii)
Detention is required to protect the juvenile from himself or herself; or
(iii)
The juvenile is a threat to community safety; or
(iv)
The juvenile will intimidate witnesses or otherwise unlawfully interfere with
the administration of justice; or
(v)
The juvenile has committed a crime while another case was pending; or
(b)
The juvenile is a fugitive from justice; or
(c)
The juvenile's parole has been suspended or modified; or
(d)
The juvenile is a material witness.
(3)
Upon a finding that members of the community have threatened the health of a
juvenile taken into custody, at the juvenile's request the court may order
continued detention pending further order of the court.
(4)
A juvenile detained under this section may be released upon posting a probation
bond set by the court. The juvenile's parent or guardian may sign for the probation
bond. A court authorizing such a release shall issue an order containing a
statement of conditions imposed upon the juvenile and shall set the date of his
or her next court appearance. The court shall advise the juvenile of any
conditions specified in the order and may at any time amend such an order in
order to impose additional or different conditions of release upon the juvenile
or to return the juvenile to custody for failing to conform to the conditions
imposed. In addition to requiring the juvenile to appear at the next court
date, the court may condition the probation bond on the juvenile's compliance
with conditions of release. The juvenile's parent or guardian may notify the
court that the juvenile has failed to conform to the conditions of release or
the provisions in the probation bond. If the parent notifies the court of the
juvenile's failure to comply with the probation bond, the court shall notify
the surety. As provided in the terms of the bond, the surety shall provide
notice to the court of the offender's noncompliance. A juvenile may be
released only to a responsible adult or the department of social and health
services. Failure to appear on the date scheduled by the court pursuant to
this section shall constitute the crime of bail jumping.
Sec.
14. 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. The
secretary, assistant secretary, or the secretary's designee may issue arrest
warrants for juveniles who abscond from parole supervision or 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.
15. 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 requiring
attendance 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.
(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)
A juvenile may be released only to a responsible adult or the department.
(8)
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.
(9)
A person notified under this section who fails without reasonable cause to
appear and abide by the order of the court may be proceeded against as for
contempt of court. In determining whether a parent, guardian, or custodian had
reasonable cause not to appear, the court may consider all factors relevant to
the person's ability to appear as summoned.
Sec.
16. 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)
((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)))
(3) 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.
17. 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,
or a class C felony that is a violation of RCW 9.41.080 or ((9.41.040(1)(e),
or any other offense listed in RCW 13.40.020(1) (b) or (c))) 9.41.040(1)(b)(iii);
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)) diversion 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)) diversion 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.
18. 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))) (4).
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])) 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 Dependency
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.
19. RCW
13.40.100 and 1979 c 155 s 62 are each amended to read as follows:
(1)
Upon the filing of an information the alleged offender shall be notified by
summons, warrant, or other method approved by the court of the next required
court appearance.
(2)
If notice is by summons, the clerk of the court shall issue a summons directed
to the juvenile, if the juvenile is twelve or more years of age, and another to
the parents, guardian, or custodian, and such other persons as appear to the
court to be proper or necessary parties to the proceedings, requiring them to
appear personally before the court at the time fixed to hear the petition.
Where the custodian is summoned, the parent or guardian or both shall also be
served with a summons.
(3)
A copy of the information shall be attached to each summons.
(4)
The summons shall advise the parties of the right to counsel.
(5)
The judge may endorse upon the summons an order directing the parents,
guardian, or custodian having the custody or control of the juvenile to bring
the juvenile to the hearing.
(6)
If it appears from affidavit or sworn statement presented to the judge that
there is probable cause for the issuance of a warrant of arrest or that the
juvenile needs to be taken into custody pursuant to RCW 13.34.050((, as now
or hereafter amended)), the judge may endorse upon the summons an order
that an officer serving the summons shall at once take the juvenile into
custody and take the juvenile to the place of detention or shelter designated
by the court.
(7)
Service of summons may be made under the direction of the court by any law
enforcement officer or probation counselor.
(8)
If the person summoned as herein provided fails without reasonable cause to
appear and abide the order of the court, the person may be proceeded against as
for contempt of court. In determining whether a parent, guardian, or
custodian had reasonable cause not to appear, the court may consider all
factors relevant to the person's ability to appear as summoned.
Sec.
20. 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))
when:
(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.
NEW
SECTION. Sec. 21. A
new section is added to chapter 13.40 RCW to read as follows:
(1)
A juvenile is eligible for deferred disposition unless he or she:
(a)
Is charged with a sex or violent offense;
(b)
Has a criminal history which includes any felony;
(c)
Has a prior deferred disposition or deferred adjudication; or
(d)
Has two or more diversions.
(2)
The juvenile court may, upon motion at least fourteen days before commencement
of trial and, after consulting the juvenile's custodial parent or parents or
guardian and with the consent of the juvenile, continue the case for
disposition for a period not to exceed one year from the date the juvenile is
found guilty. The court shall consider whether the offender and the community
will benefit from a deferred disposition before deferring the disposition.
(3)
Any juvenile who agrees to a deferral of disposition shall:
(a)
Stipulate to the admissibility of the facts contained in the written police
report;
(b)
Acknowledge that the report will be entered and used to support a finding of
guilt and to impose a disposition if the juvenile fails to comply with terms of
supervision; and
(c)
Waive the following rights to: (i) A speedy disposition; and (ii) call and
confront witnesses.
The
adjudicatory hearing shall be limited to a reading of the court's record.
(4)
Following the stipulation, acknowledgment, waiver, and entry of a finding or
plea of guilt, the court shall defer entry of an order of disposition of the
juvenile.
(5)
Any juvenile granted a deferral of disposition under this section shall be
placed under community supervision. The court may impose any conditions of
supervision that it deems appropriate including posting a probation bond.
Payment of restitution under RCW 13.40.190 shall be a condition of community
supervision under this section.
(6)
A parent who signed for a probation bond has the right to notify the counselor
if the juvenile fails to comply with the bond or conditions of supervision.
The counselor shall notify the court and surety of any failure to comply. A
surety shall notify the court of the juvenile's failure to comply with the
probation bond. The state shall bear the burden to prove, by a preponderance
of the evidence, that the juvenile has failed to comply with the terms of
community supervision.
(7)
A juvenile's lack of compliance shall be determined by the judge upon written
motion by the prosecutor or the juvenile's juvenile court community supervision
counselor. If a juvenile fails to comply with terms of supervision, the court
shall enter an order of disposition.
(8)
At any time following deferral of disposition the court may, following a
hearing, continue the case for an additional one-year period for good cause.
(9)
At the conclusion of the period set forth in the order of deferral and upon a
finding by the court of full compliance with conditions of supervision and
payment of full restitution, the respondent's conviction shall be vacated and
the court shall dismiss the case with prejudice.
Sec.
22. 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 a juvenile described in the
charging document of the dispositional or adjudicatory hearing and shall
require attendance.
(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 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)
A person notified under this section who fails without reasonable cause to
appear and abide by the order of the court may be proceeded against as for
contempt of court. In determining whether a parent, guardian, or custodian had
reasonable cause not to appear, the court may consider all factors relevant to
the person's ability to appear as summoned.
Sec.
23. RCW
13.40.135 and 1990 c 3 s 604 are each amended to read as follows:
(1)
The prosecuting attorney shall file a special allegation of sexual motivation
in every juvenile offense other than sex offenses as defined in RCW 9.94A.030(((29)))
(33) (a) or (c) when sufficient admissible evidence exists, which, when
considered with the most plausible, reasonably consistent defense that could be
raised under the evidence, would justify a finding of sexual motivation by a
reasonable and objective fact-finder.
(2)
In a juvenile case wherein there has been a special allegation the state shall
prove beyond a reasonable doubt that the juvenile committed the offense with a
sexual motivation. The court shall make a finding of fact of whether or not
the sexual motivation was present at the time of the commission of the
offense. This finding shall not be applied to sex offenses as defined in RCW
9.94A.030(((29))) (33) (a) or (c).
(3)
The prosecuting attorney shall not withdraw the special allegation of
"sexual motivation" without approval of the court through an order of
dismissal. The court shall not dismiss the special allegation unless it finds
that such an order is necessary to correct an error in the initial charging
decision or unless there are evidentiary problems which make proving the
special allegation doubtful.
Sec.
24. RCW
13.40.150 and 1995 c 268 s 5 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 to determine the amount;
(g)
Determine ((whether the respondent is a serious offender, a middle offender,
or a minor or first offender)) 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; ((and))
(vii)
There are other complaints which have resulted in diversion or a finding or
plea of guilty but which are not included as criminal history; 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.
Sec.
25. 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, RCW 13.40.0357 except as
provided in subsections (5) and (6) of this section.)) The standard
range disposition for a juvenile adjudicated of an offense is determined
according to RCW 13.40.0357.
(a)
When the court sentences an offender to a local sanction as provided in RCW
13.40.0357 option A, the court shall impose a determinate disposition within
the standard ranges, except as provided in subsections (2), (4), and (5) of
this section. The disposition may be comprised of one or more local sanctions.
(b)
When the court sentences an offender to a standard range as provided in RCW
13.40.0357 option A that includes a term of confinement exceeding thirty days,
commitment shall be to the department for the standard range of confinement,
except as provided in subsections (2), (4), and (5) of this section.
(2)
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))
C of ((schedule D-3,)) RCW 13.40.0357. The court's finding of
manifest injustice shall be supported by clear and convincing evidence.
A
disposition outside the standard range shall be determinate and shall be
comprised of confinement or community supervision, or a combination thereof.
When a judge finds a manifest injustice and imposes a sentence of confinement
exceeding thirty days, the court shall sentence the juvenile to a maximum term,
and the provisions of RCW 13.40.030(2) 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, 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, 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) 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, 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, RCW 13.40.0357
except as provided in subsections (5) and (6) of this section. 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, 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 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 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) 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)) juvenile 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 if the court concludes, and enters
reasons for its conclusions, that such disposition would cause a manifest
injustice, the court shall impose a disposition under option C, and the
court may suspend the execution of the disposition and place the offender on
community supervision for ((up to)) at least 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))) (4), 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))) (4) 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)))
A disposition entered under this subsection (4) is not appealable under RCW
13.40.230.
(5)
If the juvenile offender is subject to a standard range disposition of local
sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+
offense, the court may impose the disposition alternative under section 26 of
this act.
(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)) under subsection (4)(((b)))
or (5) of this section or ((RCW 13.40.125)) section 21 of this act,
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.
NEW
SECTION. Sec. 26. A
new section is added to chapter 13.40 RCW to read as follows:
(1)
When a juvenile offender is subject to a standard range disposition of local
sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+
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 chemical dependency counselor from a chemical
dependency treatment facility approved under chapter 70.96A RCW to determine if
the youth is chemically dependent and amenable to treatment.
(2)
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 drug-alcohol problems and
previous treatment attempts, the respondent'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 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)
Whether inpatient and/or outpatient treatment is recommended;
(b)
Availability of appropriate treatment;
(c)
Monitoring plans, including any requirements 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 respondent 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 defendant
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
dependency 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 dependency 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
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.
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. 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 offense 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 could be subjected for the same offense.
(10)
A disposition under this section is not appealable under RCW 13.40.230.
NEW
SECTION. Sec. 27. The
University of Washington shall develop standards for measuring effectiveness of
treatment programs established under section 26 of this act. The standards
shall be developed and presented to the governor and legislature not later than
January 1, 1998. The standards shall include methods for measuring success
factors following treatment. Success factors shall include, but need not be
limited to, continued use of alcohol or controlled substances, arrests,
violations of terms of community supervision, and convictions for subsequent
offenses.
NEW
SECTION. Sec. 28. A
new section is added to chapter 70.96A RCW to read as follows:
The
department shall prioritize expenditures for treatment provided under section
26 of this act. The department shall provide funds for inpatient and
outpatient treatment providers that are the most successful, using the
standards developed by the University of Washington under section 27, chapter
. . ., Laws of 1997 (section 27 of this act). The department may
consider variations between the nature of the programs provided and clients
served but must provide funds first for those programs that demonstrate the
greatest success in treatment within categories of treatment and the nature of
the persons receiving treatment.
The
department shall, not later than January 1st of each year, provide a report to
the governor and the legislature on the success rates of programs funded under
this section.
Sec.
29. RCW
13.40.190 and 1996 c 124 s 2 are each amended to read as follows:
(1)
In its dispositional order, the court shall require the respondent to make
restitution to any persons who have suffered loss or damage as a result of the
offense committed by the respondent. In addition, restitution may be ordered
for loss or damage if the offender pleads guilty to a lesser offense or fewer
offenses and agrees with the prosecutor's recommendation that the offender be
required to pay restitution to a victim of an offense or offenses which,
pursuant to a plea agreement, are not prosecuted. The payment of restitution
shall be in addition to any punishment which is imposed pursuant to the other
provisions of this chapter. The court may determine the amount, terms, and
conditions of the restitution including a payment plan extending up to ten
years if the court determines that the respondent does not have the means to
make full restitution over a shorter period. Restitution may include the costs
of counseling reasonably related to the offense. If the respondent
participated in the crime with another person or other persons, all such
participants shall be jointly and severally responsible for the payment of
restitution. For the purposes of this section, the respondent shall remain
under the court's jurisdiction for a maximum term of ten years after the
respondent's eighteenth birthday. ((The court may not require the
respondent to pay full or partial restitution if the respondent 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 such
restitution over a ten-year period.))
(2)
Regardless of the provisions of subsection (1) of this section, the court shall
order restitution in all cases where the victim is entitled to benefits under
the crime victims' compensation act, chapter 7.68 RCW. If the court does not
order restitution and the victim of the crime has been determined to be
entitled to benefits under the crime victims' compensation act, the department
of labor and industries, as administrator of the crime victims' compensation
program, may petition the court within one year of entry of the disposition
order for entry of a restitution order. Upon receipt of a petition from the
department of labor and industries, the court shall hold a restitution hearing
and shall enter a restitution order.
(3)
If an order includes restitution as one of the monetary assessments, 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.
(4)
A respondent under obligation to pay restitution may petition the court for
modification of the restitution order.
Sec.
30. 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))
minimum 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, drive-by shooting, 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 must 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.))
(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)
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 other offenses.
Sec.
31. RCW
13.40.200 and 1995 c 395 s 8 are each amended to read as follows:
(1)
When a respondent fails to comply with an order of restitution, community
supervision, penalty assessments, or confinement of less than thirty days, the
court upon motion of the prosecutor or its own motion, may modify the order
after a hearing on the violation.
(2)
The hearing shall afford the respondent the same due process of law as would be
afforded an adult probationer. The court may issue a summons or a warrant to
compel the respondent's appearance. The state shall have the burden of proving
by a preponderance of the evidence the fact of the violation. The respondent
shall have the burden of showing that the violation was not a willful refusal
to comply with the terms of the order. If a respondent has failed to pay a
fine, penalty assessments, or restitution or to perform community service
hours, as required by the court, it shall be the respondent's burden to show
that he or she did not have the means and could not reasonably have acquired
the means to pay the fine, penalty assessments, or restitution or perform
community service.
(3)(((a)))
If the court finds that a respondent has willfully violated the terms of an
order pursuant to subsections (1) and (2) of this section, it may impose a
penalty of up to thirty days' confinement. Penalties for multiple violations
occurring prior to the hearing shall not be aggregated to exceed thirty days'
confinement. Regardless of the number of times a respondent is brought to
court for violations of the terms of a single disposition order, the combined
total number of days spent by the respondent in detention shall never exceed
the maximum term to which an adult could be sentenced for the underlying
offense.
(((b)
If the violation of the terms of the order under (a) of this subsection is
failure to pay fines, penalty assessments, complete community service, or make
restitution, the term of confinement imposed under (a) of this subsection shall
be assessed at a rate of one day of confinement for each twenty-five dollars or
eight hours owed.))
(4)
If a respondent has been ordered to pay a fine or monetary penalty and due to a
change of circumstance cannot reasonably comply with the order, the court, upon
motion of the respondent, may order that the unpaid fine or monetary penalty be
converted to community service. The number of hours of community service in
lieu of a monetary penalty or fine shall be converted at the rate of the
prevailing state minimum wage per hour. The monetary penalties or fines
collected shall be deposited in the county general fund. A failure to comply
with an order under this subsection shall be deemed a failure to comply with an
order of community supervision and may be proceeded against as provided in this
section.
(5)
When a respondent has willfully violated the terms of a probation bond, the
court may modify, revoke, or retain the probation bond as provided in RCW
13.40.054.
Sec.
32. RCW
13.40.210 and 1994 sp.s. c 77 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, 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)(a)
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 finds 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 decision to place an offender on parole
shall be based on an assessment by the department of the offender's risk for
reoffending upon release. The department shall prioritize available parole
resources to provide supervision and services to offenders at moderate to high
risk for reoffending.
(b)
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)))
(i) Undergo available medical ((or)), psychiatric ((treatment)),
drug and alcohol, sex offender, mental health, and other offense-related
treatment services; (((b))) (ii) report as directed to a
parole officer and/or designee; (((c))) (iii) pursue a
course of study ((or)), vocational training, or employment;
((and (d))) (iv) notify the parole officer of the current address
where he or she resides; (v) be present at a particular address during
specified hours; (vi) remain within prescribed geographical boundaries ((and
notify the department of any change in his or her address)); (vii)
submit to electronic monitoring; (viii) refrain from using illegal drugs and
alcohol, and submit to random urinalysis when requested by the assigned parole
officer; (ix) refrain from contact with specific individuals or a specified
class of individuals; (x) meet other conditions determined by the parole
officer to further enhance the juvenile's reintegration into the community;
(xi) pay any court-ordered fines or restitution; and (xii) 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.
(c)
The secretary may further require up to twenty-five percent of the highest risk
juvenile offenders who are placed on parole to participate in an intensive
supervision program. Offenders participating in an intensive supervision
program shall be required to comply with all terms and conditions listed in (b)
of this subsection and shall also be required to comply with the following
additional terms and conditions: (i) Obey all laws and refrain from any
conduct that threatens public safety; (ii) report at least once a week to an
assigned community case manager; and (iii) meet all other requirements imposed
by the community case manager related to participating in the intensive
supervision program. As a part of the intensive supervision program, the
secretary may require day reporting.
(d)
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.
NEW
SECTION. Sec. 33. The
legislature finds the present system of transitioning youths from residential
status to parole status to discharge is insufficient to provide adequate
rehabilitation and public safety in many instances, particularly in cases of
offenders at highest risk of reoffending. The legislature further finds that
an intensive supervision program based on the following principles holds much
promise for positively impacting recidivism rates for juvenile offenders: (1)
Progressive increase in responsibility and freedom in the community; (2)
facilitation of youths' interaction and involvement with their communities; (3)
involvement of both the youth and targeted community support systems such as
family, peers, schools, and employers, on the qualities needed for constructive
interaction and successful adjustment with the community; (4) development of
new resources, supports, and opportunities where necessary; and (5) ongoing
monitoring and testing of youth on their ability to abide by community rules
and standards.
The
legislature intends for the department to create an intensive supervision
program based on the principles stated in this section that will be available
to the highest risk juvenile offenders placed on parole.
NEW
SECTION. Sec. 34. A
new section is added to chapter 13.40 RCW to read as follows:
(1)
The department shall, no later than January 1, 1999, implement an intensive
supervision program as a part of its parole services that includes, at a
minimum, the following program elements:
(a)
A process of case management involving coordinated and comprehensive planning,
information exchange, continuity and consistency, service provision and
referral, and monitoring. The components of the case management system shall
include assessment, classification, and selection criteria; individual case
planning that incorporates a family and community perspective; a mixture of
intensive surveillance and services; a balance of incentives and graduated
consequences coupled with the imposition of realistic, enforceable conditions;
and service brokerage with community resources and linkage with social
networks;
(b)
Administration of transition services that transcend traditional agency
boundaries and professional interests and include courts, institutions,
aftercare, education, social and mental health services, substance abuse
treatment, and employment and vocational training; and
(c)
A plan for information management and program evaluation that maintains close
oversight over implementation and quality control, and determines the
effectiveness of both the processes and outcomes of the program.
(2)
The department shall report annually to the legislature, beginning December 1,
1999, on the department's progress in meeting the intensive supervision program
evaluation goals required under subsection (1)(c) of this section.
Sec.
35. RCW
13.40.230 and 1981 c 299 s 16 are each amended to read as follows:
(1)
Dispositions reviewed pursuant to RCW 13.40.160((, as now or hereafter
amended,)) shall be reviewed in the appropriate division of the court of
appeals.
An
appeal under this section shall be heard solely upon the record that was before
the disposition court. No written briefs may be required, and the appeal shall
be heard within thirty days following the date of sentencing and a decision
rendered within fifteen days following the argument. The supreme court shall
promulgate any necessary rules to effectuate the purposes of this section.
(2)
To uphold a disposition outside the standard range, ((or which imposes
confinement for a minor or first offender,)) the court of appeals must find
(a) that the reasons supplied by the disposition judge are supported by the
record which was before the judge and that those reasons clearly and
convincingly support the conclusion that a disposition within the range((,
or nonconfinement for a minor or first offender,)) would constitute a
manifest injustice, and (b) that the sentence imposed was neither clearly
excessive nor clearly too lenient.
(3)
If the court does not find subsection (2)(a) of this section it shall remand
the case for disposition within the standard range ((or for community
supervision without confinement as would otherwise be appropriate pursuant to
this chapter)).
(4)
If the court finds subsection (2)(a) but not subsection (2)(b) of this section
it shall remand the case with instructions for further proceedings consistent
with the provisions of this chapter.
(5)
((Pending appeal, a respondent may not be committed or detained for a period
of time in excess of the standard range for the offense(s) committed or sixty
days, whichever is longer.)) The disposition court may impose conditions
on release pending appeal as provided in RCW 13.40.040(4) and 13.40.050(6). ((Upon
the expiration of the period of commitment or detention specified in this
subsection, the court may also impose such conditions on the respondent's
release pending disposition of the appeal.))
(6)
Appeal of a disposition under this section does not affect the finality or
appeal of the underlying adjudication of guilt.
Sec.
36. RCW
13.40.250 and 1980 c 128 s 16 are each amended to read as follows:
A
traffic or civil infraction case involving a juvenile under the age of
sixteen may be diverted in accordance with the provisions of this chapter or
filed in juvenile court.
(1)
If a notice of a traffic or civil infraction is filed in juvenile
court, the juvenile named in the notice shall be afforded the same due process
afforded to adult defendants in traffic infraction cases.
(2)
A monetary penalty imposed upon a juvenile under the age of sixteen who is
found to have committed a traffic or civil infraction may not exceed one
hundred dollars. At the juvenile's request, the court may order performance of
a number of hours of community service in lieu of a monetary penalty, at the
rate of the prevailing state minimum wage per hour.
(3)
A diversion agreement entered into by a juvenile referred pursuant to this section
shall be limited to thirty hours of community service, or educational or
informational sessions.
(4)
If a case involving the commission of a traffic or civil infraction or
offense by a juvenile under the age of sixteen has been referred to a diversion
unit, an abstract of the action taken by the diversion unit may be forwarded to
the department of licensing in the manner provided for in RCW 46.20.270(2).
Sec.
37. 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.
38. RCW
13.40.320 and 1995 c 40 s 1 are each amended to read as follows:
(1)
The department of social and health services shall establish and operate a
medium security juvenile offender basic training camp program. The department
shall site a juvenile offender basic training camp facility in the most cost-effective
facility possible and shall review the possibility of using an existing
abandoned and/or available state, federally, or military-owned site or
facility.
(2)
The department may contract under this chapter with private companies, the
national guard, or other federal, state, or local agencies to operate the
juvenile offender basic training camp, notwithstanding the provisions of RCW
41.06.380. Requests for proposals from possible contractors shall not call for
payment on a per diem basis.
(3)
The juvenile offender basic training camp shall accommodate at least seventy
offenders. The beds shall count as additions to, and not be used as
replacements for, existing bed capacity at existing department of social and
health services juvenile facilities.
(4)
The juvenile offender basic training camp shall be a structured and regimented
model lasting one hundred twenty days emphasizing the building up of an
offender's self-esteem, confidence, and discipline. The juvenile offender
basic training camp program shall provide participants with basic education,
prevocational training, work-based learning, live work, work ethic skills,
conflict resolution counseling, substance abuse intervention, anger management
counseling, and structured intensive physical training. The juvenile offender
basic training camp program shall have a curriculum training and work schedule
that incorporates a balanced assignment of these or other rehabilitation and
training components for no less than sixteen hours per day, six days a week.
The
department shall adopt rules for the safe and effective operation of the
juvenile offender basic training camp program, standards for an offender's
successful program completion, and rules for the continued after-care
supervision of offenders who have successfully completed the program.
(5)
Offenders eligible for the juvenile offender basic training camp option shall
be those with a disposition of not more than ((seventy-eight)) sixty-five
weeks. Violent and sex offenders shall not be eligible for the juvenile
offender basic training camp program.
(6)
If the court determines that the offender is eligible for the juvenile offender
basic training camp option, the court may recommend that the department place
the offender in the program. The department shall evaluate the offender and
may place the offender in the program. The evaluation shall include, at a
minimum, a risk assessment developed by the department and designed to
determine the offender's suitability for the program. No juvenile who is
assessed as a high risk offender or suffers from any mental or physical
problems that could endanger his or her health or drastically affect his or her
performance in the program shall be admitted to or retained in the juvenile
offender basic training camp program.
(7)
All juvenile offenders eligible for the juvenile offender basic training camp
sentencing option shall spend one hundred twenty days of their disposition in a
juvenile offender basic training camp. If the juvenile offender's activities
while in the juvenile offender basic training camp are so disruptive to the
juvenile offender basic training camp program, as determined by the secretary
according to rules adopted by the department, as to result in the removal of
the juvenile offender from the juvenile offender basic training camp program,
or if the offender cannot complete the juvenile offender basic training camp
program due to medical problems, the secretary shall require that the offender
be committed to a juvenile institution to serve the entire remainder of his or
her disposition, less the amount of time already served in the juvenile
offender basic training camp program.
(8)
All offenders who successfully graduate from the one hundred twenty day
juvenile offender basic training camp program shall spend the remainder of
their disposition on parole in a division of juvenile rehabilitation intensive
aftercare program in the local community. The program shall provide for the
needs of the offender based on his or her progress in the aftercare program as
indicated by ongoing assessment of those needs and progress. The intensive
aftercare program shall monitor postprogram juvenile offenders and assist them
to successfully reintegrate into the community. In addition, the program shall
develop a process for closely monitoring and assessing public safety risks.
The intensive aftercare program shall be designed and funded by the department
of social and health services.
(9)
The department shall also develop and maintain a data base to measure
recidivism rates specific to this incarceration program. The data base shall
maintain data on all juvenile offenders who complete the juvenile offender
basic training camp program for a period of two years after they have completed
the program. The data base shall also maintain data on the criminal activity,
educational progress, and employment activities of all juvenile offenders who
participated in the program. ((The department shall produce an outcome
evaluation report on the progress of the juvenile offender basic training camp
program to the appropriate committees of the legislature no later than December
12, 1996.))
Sec.
39. RCW
13.50.010 and 1996 c 232 s 6 are each amended to read as follows:
(1)
For purposes of this chapter:
(a)
"Juvenile justice or care agency" means any of the following:
Police, diversion units, court, prosecuting attorney, defense attorney,
detention center, attorney general, the department of social and health
services and its contracting agencies, schools; and, in addition, persons or
public or private agencies having children committed to their custody;
(b)
"Official juvenile court file" means the legal file of the juvenile
court containing the petition or information, motions, memorandums, briefs,
findings of the court, and court orders;
(c)
"Social file" means the juvenile court file containing the records
and reports of the probation counselor;
(d)
"Records" means the official juvenile court file, the social file,
and records of any other juvenile justice or care agency in the case.
(2)
Each petition or information filed with the court may include only one juvenile
and each petition or information shall be filed under a separate docket
number. The social file shall be filed separately from the official juvenile
court file.
(3)
It is the duty of any juvenile justice or care agency to maintain accurate
records. To this end:
(a)
The agency may never knowingly record inaccurate information. Any information
in records maintained by the department of social and health services relating
to a petition filed pursuant to chapter 13.34 RCW that is found by the court,
upon proof presented, to be false or inaccurate shall be corrected or expunged
from such records by the agency;
(b)
An agency shall take reasonable steps to assure the security of its records and
prevent tampering with them; and
(c)
An agency shall make reasonable efforts to insure the completeness of its
records, including action taken by other agencies with respect to matters in
its files.
(4)
Each juvenile justice or care agency shall implement procedures consistent with
the provisions of this chapter to facilitate inquiries concerning records.
(5)
Any person who has reasonable cause to believe information concerning that
person is included in the records of a juvenile justice or care agency and who
has been denied access to those records by the agency may make a motion to the
court for an order authorizing that person to inspect the juvenile justice or
care agency record concerning that person. The court shall grant the motion to
examine records unless it finds that in the interests of justice or in the best
interests of the juvenile the records or parts of them should remain
confidential.
(6)
A juvenile, or his or her parents, or any person who has reasonable cause to
believe information concerning that person is included in the records of a
juvenile justice or care agency may make a motion to the court challenging the
accuracy of any information concerning the moving party in the record or
challenging the continued possession of the record by the agency. If the court
grants the motion, it shall order the record or information to be corrected or
destroyed.
(7)
The person making a motion under subsection (5) or (6) of this section shall
give reasonable notice of the motion to all parties to the original action and
to any agency whose records will be affected by the motion.
(8)
The court may permit inspection of records by, or release of information to,
any clinic, hospital, or agency which has the subject person under care or
treatment. The court may also permit inspection by or release to individuals
or agencies, including juvenile justice advisory committees of county law and
justice councils, engaged in legitimate research for educational, scientific,
or public purposes. The court may also permit inspection of, or release of
information from, records which have been sealed pursuant to RCW
13.50.050(11). The court shall release to the sentencing guidelines commission
records needed for its research and data-gathering functions under RCW
9.94A.040 and other statutes. Access to records or information for research
purposes shall be permitted only if the anonymity of all persons mentioned in
the records or information will be preserved. Each person granted permission
to inspect juvenile justice or care agency records for research purposes shall
present a notarized statement to the court stating that the names of juveniles
and parents will remain confidential.
(9)
Juvenile detention facilities shall release records to the sentencing
guidelines commission under RCW ((13.40.025 and)) 9.94A.040 upon
request. The commission shall not disclose the names of any juveniles or
parents mentioned in the records without the named individual's written
permission.
Sec.
40. RCW
13.50.050 and 1992 c 188 s 7 are each amended to read as follows:
(1)
This section governs records relating to the commission of juvenile offenses,
including records relating to diversions.
(2)
The official juvenile court file of any alleged or proven juvenile offender
shall be open to public inspection, unless sealed pursuant to subsection (11)
of this section.
(3)
All records other than the official juvenile court file are confidential and
may be released only as provided in this section, RCW 13.50.010, 13.40.215, and
4.24.550.
(4)
Except as otherwise provided in this section and RCW 13.50.010, records
retained or produced by any juvenile justice or care agency may be released to
other participants in the juvenile justice or care system only when an
investigation or case involving the juvenile in question is being pursued by
the other participant or when that other participant is assigned the
responsibility for supervising the juvenile.
(5)
Except as provided in RCW 4.24.550, information not in an official juvenile
court file concerning a juvenile or a juvenile's family may be released to the
public only when that information could not reasonably be expected to identify
the juvenile or the juvenile's family.
(6)
Notwithstanding any other provision of this chapter, the release, to the juvenile
or his or her attorney, of law enforcement and prosecuting attorneys' records
pertaining to investigation, diversion, and prosecution of juvenile offenses
shall be governed by the rules of discovery and other rules of law applicable
in adult criminal investigations and prosecutions.
(7)
The juvenile court and the prosecutor may set up and maintain a central
record-keeping system which may receive information on all alleged juvenile
offenders against whom a complaint has been filed pursuant to RCW 13.40.070
whether or not their cases are currently pending before the court. The central
record-keeping system may be computerized. If a complaint has been referred to
a diversion unit, the diversion unit shall promptly report to the juvenile
court or the prosecuting attorney when the juvenile has agreed to diversion.
An offense shall not be reported as criminal history in any central
record-keeping system without notification by the diversion unit of the date on
which the offender agreed to diversion.
(8)
Upon request of the victim of a crime or the victim's immediate family, the
identity of an alleged or proven juvenile offender alleged or found to have
committed a crime against the victim and the identity of the alleged or proven
juvenile offender's parent, guardian, or custodian and the circumstance of the
alleged or proven crime shall be released to the victim of the crime or the
victim's immediate family.
(9)
Subject to the rules of discovery applicable in adult criminal prosecutions,
the juvenile offense records of an adult criminal defendant or witness in an
adult criminal proceeding shall be released upon request to prosecution and
defense counsel after a charge has actually been filed. The juvenile offense
records of any adult convicted of a crime and placed under the supervision of
the adult corrections system shall be released upon request to the adult
corrections system.
(10)
In any case in which an information has been filed pursuant to RCW 13.40.100 or
a complaint has been filed with the prosecutor and referred for diversion
pursuant to RCW 13.40.070, the person the subject of the information or
complaint may file a motion with the court to have the court vacate its order
and findings, if any, and, subject to subsection (((24))) (22) of
this section, order the sealing of the official juvenile court file, the social
file, and records of the court and of any other agency in the case.
(11)
The court shall grant the motion to seal records made pursuant to subsection
(10) of this section if it finds that:
(a)
((Two years have elapsed from the later of: (i) Final discharge of the
person from the supervision of any agency charged with supervising juvenile
offenders; or (ii) from the entry of a court order relating to the commission
of a juvenile offense or a criminal offense)) For class B offenses other
than sex offenses, since the last date of release from confinement, including
full-time residential treatment, if any, or entry of disposition, the person
has spent ten consecutive years in the community without committing any offense
or crime that subsequently results in conviction. For class C offenses other
than sex offenses, since the last date of release from confinement, including
full-time residential treatment, if any, or entry of disposition, the person
has spent five consecutive years in the community without committing any
offense or crime that subsequently results in conviction;
(b)
No proceeding is pending against the moving party seeking the conviction of a
juvenile offense or a criminal offense; ((and))
(c)
No proceeding is pending seeking the formation of a diversion agreement with
that person;
(d)
The person has not been convicted of a class A or sex offense; and
(e)
Full restitution has been paid.
(12)
The person making a motion pursuant to subsection (10) of this section shall
give reasonable notice of the motion to the prosecution and to any person or
agency whose files are sought to be sealed.
(13)
If the court grants the motion to seal made pursuant to subsection (10) of this
section, it shall, subject to subsection (((24))) (22) of this
section, order sealed the official juvenile court file, the social file, and
other records relating to the case as are named in the order. Thereafter, the
proceedings in the case shall be treated as if they never occurred, and the
subject of the records may reply accordingly to any inquiry about the events,
records of which are sealed. Any agency shall reply to any inquiry concerning
confidential or sealed records that records are confidential, and no
information can be given about the existence or nonexistence of records
concerning an individual.
(14)
Inspection of the files and records included in the order to seal may
thereafter be permitted only by order of the court upon motion made by the
person who is the subject of the information or complaint, except as otherwise
provided in RCW 13.50.010(8) and subsection (((24))) (22) of this
section.
(15)
Any adjudication of a juvenile offense or a crime subsequent to sealing has the
effect of nullifying the sealing order. Any ((conviction for any)) charging
of an adult felony subsequent to the sealing has the effect of nullifying
the sealing order for the purposes of chapter 9.94A RCW ((for any juvenile
adjudication of guilt for a class A offense or a sex offense as defined in RCW
9.94A.030)).
(16)
((In any case in which an information has been filed pursuant to RCW
13.40.100 or a complaint has been filed with the prosecutor and referred for
diversion pursuant to RCW 13.40.070, the person who is the subject of the
information or complaint may file a motion with the court to have the court
vacate its order and findings, if any, and, subject to subsection (24) of this
section, order the destruction of the official juvenile court file, the social
file, and records of the court and of any other agency in the case.
(17)
The court may grant the motion to destroy records made pursuant to subsection
(16) of this section if it finds:
(a)
The person making the motion is at least twenty-three years of age;
(b)
The person has not subsequently been convicted of a felony;
(c)
No proceeding is pending against that person seeking the conviction of a
criminal offense; and
(d)
The person has never been found guilty of a serious offense.
(18))) A
person eighteen years of age or older whose criminal history consists of only
one referral for diversion may request that the court order the records in that
case destroyed. The request shall be granted, subject to subsection (((24)))
(22) of this section, if the court finds that two years have elapsed
since completion of the diversion agreement.
(((19)))
(17) If the court grants the motion to destroy records made pursuant to
subsection (16) ((or (18))) of this section, it shall, subject to
subsection (((24))) (22) of this section, order the official
juvenile court file, the social file, and any other records named in the order
to be destroyed.
(((20)))
(18) The person making the motion pursuant to subsection (16) ((or
(18))) of this section shall give reasonable notice of the motion to the
prosecuting attorney and to any agency whose records are sought to be
destroyed.
(((21)))
(19) Any juvenile to whom the provisions of this section may apply shall
be given written notice of his or her rights under this section at the time of
his or her disposition hearing or during the diversion process.
(((22)))
(20) Nothing in this section may be construed to prevent a crime victim
or a member of the victim's family from divulging the identity of the alleged
or proven juvenile offender or his or her family when necessary in a civil
proceeding.
(((23)))
(21) Any juvenile justice or care agency may, subject to the limitations
in subsection (((24))) (22) of this section and ((subparagraphs))
(a) and (b) of this subsection, develop procedures for the routine destruction
of records relating to juvenile offenses and diversions.
(a)
Records may be routinely destroyed only when the person the subject of the
information or complaint has attained twenty-three years of age or older, or is
eighteen years of age or older and his or her criminal history consists
entirely of one diversion agreement and two years have passed since completion
of the agreement.
(b)
The court may not routinely destroy the official juvenile court file or
recordings or transcripts of any proceedings.
(((24)))
(22) No identifying information held by the Washington state patrol in
accordance with chapter 43.43 RCW is subject to destruction or sealing under
this section. For the purposes of this subsection, identifying information
includes photographs, fingerprints, palmprints, soleprints, toeprints and any
other data that identifies a person by physical characteristics, name,
birthdate or address, but does not include information regarding criminal
activity, arrest, charging, diversion, conviction or other information about a
person's treatment by the criminal justice system or about the person's
behavior.
(((25)))
(23) Information identifying child victims under age eighteen who are
victims of sexual assaults by juvenile offenders is confidential and not
subject to release to the press or public without the permission of the child
victim or the child's legal guardian. Identifying information includes the
child victim's name, addresses, location, photographs, and in cases in which
the child victim is a relative of the alleged perpetrator, identification of
the relationship between the child and the alleged perpetrator. Information
identifying a child victim of sexual assault may be released to law
enforcement, prosecutors, judges, defense attorneys, or private or governmental
agencies that provide services to the child victim of sexual assault.
Sec.
41. RCW
72.01.410 and 1994 c 220 s 1 are each amended to read as follows:
(1)
Whenever any child under the age of eighteen is convicted in the courts of this
state of a crime amounting to a felony, and is committed for a term of
confinement in a correctional institution wherein adults are confined, the
secretary of corrections, after making an independent assessment and evaluation
of the child and determining that the needs and correctional goals for the
child could better be met by the programs and housing environment provided by
the juvenile correctional institution, with the consent of the secretary of
social and health services, may transfer such child to a juvenile correctional
institution, or to such other institution as is now, or may hereafter be
authorized by law to receive such child, until such time as the child arrives
at the age of twenty-one years, whereupon the child shall be returned to the
institution of original commitment. Retention within a juvenile detention
facility or return to an adult correctional facility shall regularly be reviewed
by the secretary of corrections and the secretary of social and health services
with a determination made based on the level of maturity and sophistication of
the individual, the behavior and progress while within the juvenile detention
facility, security needs, and the program/treatment alternatives which would
best prepare the individual for a successful return to the community. Notice
of such transfers shall be given to the clerk of the committing court and the
parents, guardian, or next of kin of such child, if known.
(2)(a)
Except as provided in (b) of this subsection, an offender under the age of
eighteen who is convicted in adult criminal court and who is committed to a
term of confinement at the department of corrections must be placed in a housing
unit, or a portion of a housing unit, that is separated from offenders eighteen
years of age or older, until the offender reaches the age of eighteen.
(b)
An offender under the age of eighteen may be housed in an intensive management
unit or administrative segregation unit containing offenders eighteen years of
age or older if it is necessary for the safety or security of the offender or
staff. In these cases, the offender shall be kept physically separate from
other offenders at all times.
NEW
SECTION. Sec. 42. A
new section is added to chapter 72.01 RCW to read as follows:
An
offender under the age of eighteen who is convicted in adult criminal court of
a crime and who is committed for a term of confinement in a jail as defined in
RCW 70.48.020, must be housed in a jail cell that does not contain adult
offenders, until the offender reaches the age of eighteen.
Sec.
43. RCW
72.09.460 and 1995 1st sp.s. c 19 s 5 are each amended to read as follows:
(1)
The legislature intends that all inmates be required to participate in
department-approved education programs, work programs, or both, unless exempted
under subsection (((3))) (4) of this section. Eligible inmates
who refuse to participate in available education or work programs available at
no charge to the inmates shall lose privileges according to the system
established under RCW 72.09.130. Eligible inmates who are required to
contribute financially to an education or work program and refuse to contribute
shall be placed in another work program. Refusal to contribute shall not
result in a loss of privileges. The legislature recognizes more inmates may
agree to participate in education and work programs than are available. The
department must make every effort to achieve maximum public benefit by placing
inmates in available and appropriate education and work programs.
(2)
The department shall provide a program of education to all offenders who are
under the age of eighteen and who have not met high school graduation or
general equivalency diploma requirements. The program of education established
by the department for offenders under the age of eighteen must provide each
offender a choice of curriculum that will assist the inmate in achieving a high
school diploma or general equivalency diploma.
(3)
The department shall, to the extent possible and considering all available
funds, prioritize its resources to meet the following goals for inmates in the
order listed:
(a)
Achievement of basic academic skills through obtaining a high school diploma or
its equivalent and achievement of vocational skills necessary for purposes of
work programs and for an inmate to qualify for work upon release;
(b)
Additional work and education programs based on assessments and placements
under subsection (((4))) (5) of this section; and
(c)
Other work and education programs as appropriate.
(((3)))
(4) The department shall establish, by rule, objective medical standards
to determine when an inmate is physically or mentally unable to participate in
available education or work programs. When the department determines an inmate
is permanently unable to participate in any available education or work program
due to a medical condition, the inmate is exempt from the requirement under
subsection (1) of this section. When the department determines an inmate is
temporarily unable to participate in an education or work program due to a
medical condition, the inmate is exempt from the requirement of subsection (1)
of this section for the period of time he or she is temporarily disabled. The
department shall periodically review the medical condition of all temporarily
disabled inmates to ensure the earliest possible entry or reentry by inmates
into available programming.
(((4)))
(5) The department shall establish, by rule, standards for participation
in department-approved education and work programs. The standards shall
address the following areas:
(a)
Assessment. The department shall assess all inmates for their basic academic
skill levels using a professionally accepted method of scoring reading, math,
and language skills as grade level equivalents. The department shall determine
an inmate's education history, work history, and vocational or work skills.
The initial assessment shall be conducted, whenever possible, within the first
thirty days of an inmate's entry into the correctional system, except that
initial assessments are not required for inmates who are sentenced to life
without the possibility of release, assigned to an intensive management unit
within the first thirty days after entry into the correctional system, are
returning to the correctional system within one year of a prior release, or
whose physical or mental condition renders them unable to complete the
assessment process. The department shall track and record changes in the basic
academic skill levels of all inmates reflected in any testing or assessment
performed as part of their education programming;
(b)
Placement. The department shall follow the policies set forth in subsection
(1) of this section in establishing criteria for placing inmates in education
and work programs. The department shall, to the extent possible, place all
inmates whose composite grade level score for basic academic skills is below
the eighth grade level in a combined education and work program. The placement
criteria shall include at least the following factors:
(i)
An inmate's release date and custody level, except an inmate shall not be
precluded from participating in an education or work program solely on the
basis of his or her release date;
(ii)
An inmate's education history and basic academic skills;
(iii)
An inmate's work history and vocational or work skills;
(iv)
An inmate's economic circumstances, including but not limited to an inmate's
family support obligations; and
(v)
Where applicable, an inmate's prior performance in department-approved
education or work programs;
(c)
Performance and goals. The department shall establish, and periodically
review, inmate behavior standards and program goals for all education and work
programs. Inmates shall be notified of applicable behavior standards and
program goals prior to placement in an education or work program and shall be
removed from the education or work program if they consistently fail to meet
the standards or goals;
(d)
Financial responsibility. (i) The department shall establish a formula by
which inmates, based on their ability to pay, shall pay all or a portion of the
costs or tuition of certain programs. Inmates shall, based on the formula, pay
a portion of the costs or tuition of participation in:
(A)
Second and subsequent vocational programs associated with an inmate's work
programs; and
(B)
An associate of arts or baccalaureate degree program when placement in a degree
program is the result of a placement made under this subsection;
(ii)
Inmates shall pay all costs and tuition for participation in:
(A)
Any postsecondary academic degree program which is entered independently of a
placement decision made under this subsection; and
(B)
Second and subsequent vocational programs not associated with an inmate's work
program.
Enrollment
in any program specified in (d)(ii) of this subsection shall only be allowed by
correspondence or if there is an opening in an education or work program at the
institution where an inmate is incarcerated and no other inmate who is placed
in a program under this subsection will be displaced; and
(e)
Notwithstanding any other provision in this section, an inmate sentenced to
life without the possibility of release:
(i)
Shall not be required to participate in education programming; and
(ii)
May receive not more than one postsecondary academic degree in a program
offered by the department or its contracted providers.
If
an inmate sentenced to life without the possibility of release requires
prevocational or vocational training for a work program, he or she may
participate in the training subject to this section.
(((5)))
(6) The department shall coordinate education and work programs among
its institutions, to the greatest extent possible, to facilitate continuity of
programming among inmates transferred between institutions. Before
transferring an inmate enrolled in a program, the department shall consider the
effect the transfer will have on the inmate's ability to continue or complete a
program. This subsection shall not be used to delay or prohibit a transfer
necessary for legitimate safety or security concerns.
(((6)))
(7) Before construction of a new correctional institution or expansion
of an existing correctional institution, the department shall adopt a plan
demonstrating how cable, closed-circuit, and satellite television will be used
for education and training purposes in the institution. The plan shall specify
how the use of television in the education and training programs will improve
inmates' preparedness for available work programs and job opportunities for
which inmates may qualify upon release.
(((7)))
(8) The department shall adopt a plan to reduce the per-pupil cost of
instruction by, among other methods, increasing the use of volunteer
instructors and implementing technological efficiencies. The plan shall be
adopted by December 1996 and shall be transmitted to the legislature upon
adoption. The department shall, in adoption of the plan, consider distance
learning, satellite instruction, video tape usage, computer-aided instruction,
and flexible scheduling of offender instruction.
(((8)))
(9) Following completion of the review required by section 27(3),
chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary
steps to assure the vocation and education programs are relevant to work
programs and skills necessary to enhance the employability of inmates upon
release.
Sec.
44. RCW
9A.36.045 and 1995 c 129 s 8 are each amended to read as follows:
(1)
A person is guilty of ((reckless endangerment in the first degree)) drive-by
shooting when he or she recklessly discharges a firearm as defined in RCW
9.41.010 in a manner which creates a substantial risk of death or serious
physical injury to another person and the discharge is either from a motor
vehicle or from the immediate area of a motor vehicle that was used to
transport the shooter or the firearm, or both, to the scene of the discharge.
(2)
A person who unlawfully discharges a firearm from a moving motor vehicle may be
inferred to have engaged in reckless conduct, unless the discharge is shown by
evidence satisfactory to the trier of fact to have been made without such
recklessness.
(3)
((Reckless endangerment in the first degree)) Drive-by shooting
is a class B felony.
Sec.
45. RCW
9A.36.050 and 1989 c 271 s 110 are each amended to read as follows:
(1)
A person is guilty of reckless endangerment ((in the second degree))
when he or she recklessly engages in conduct not amounting to ((reckless
endangerment in the first degree but which)) drive-by shooting but that
creates a substantial risk of death or serious physical injury to another
person.
(2)
Reckless endangerment ((in the second degree)) is a gross misdemeanor.
Sec.
46. RCW
9.41.010 and 1996 c 295 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Firearm" means a weapon or device from which a projectile or
projectiles may be fired by an explosive such as gunpowder.
(2)
"Pistol" means any firearm with a barrel less than sixteen inches in
length, or is designed to be held and fired by the use of a single hand.
(3)
"Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned, made or
remade, and intended to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for each
single pull of the trigger.
(4)
"Short-barreled rifle" means a rifle having one or more barrels less
than sixteen inches in length and any weapon made from a rifle by any means of
modification if such modified weapon has an overall length of less than
twenty-six inches.
(5)
"Shotgun" means a weapon with one or more barrels, designed or redesigned,
made or remade, and intended to be fired from the shoulder and designed or
redesigned, made or remade, and intended to use the energy of the explosive in
a fixed shotgun shell to fire through a smooth bore either a number of ball
shot or a single projectile for each single pull of the trigger.
(6)
"Short-barreled shotgun" means a shotgun having one or more barrels
less than eighteen inches in length and any weapon made from a shotgun by any
means of modification if such modified weapon has an overall length of less
than twenty-six inches.
(7)
"Machine gun" means any firearm known as a machine gun, mechanical
rifle, submachine gun, or any other mechanism or instrument not requiring that
the trigger be pressed for each shot and having a reservoir clip, disc, drum,
belt, or other separable mechanical device for storing, carrying, or supplying
ammunition which can be loaded into the firearm, mechanism, or instrument, and
fired therefrom at the rate of five or more shots per second.
(8)
"Antique firearm" means a firearm or replica of a firearm not
designed or redesigned for using rim fire or conventional center fire ignition
with fixed ammunition and manufactured in or before 1898, including any
matchlock, flintlock, percussion cap, or similar type of ignition system and
also any firearm using fixed ammunition manufactured in or before 1898, for
which ammunition is no longer manufactured in the United States and is not
readily available in the ordinary channels of commercial trade.
(9)
"Loaded" means:
(a)
There is a cartridge in the chamber of the firearm;
(b)
Cartridges are in a clip that is locked in place in the firearm;
(c)
There is a cartridge in the cylinder of the firearm, if the firearm is a
revolver;
(d)
There is a cartridge in the tube or magazine that is inserted in the action; or
(e)
There is a ball in the barrel and the firearm is capped or primed if the
firearm is a muzzle loader.
(10)
"Dealer" means a person engaged in the business of selling firearms
at wholesale or retail who has, or is required to have, a federal firearms
license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not
required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is
not a dealer if that person makes only occasional sales, exchanges, or
purchases of firearms for the enhancement of a personal collection or for a
hobby, or sells all or part of his or her personal collection of firearms.
(11)
"Crime of violence" means:
(a)
Any of the following felonies, as now existing or hereafter amended: Any
felony defined under any law as a class A felony or an attempt to commit a
class A felony, criminal solicitation of or criminal conspiracy to commit a
class A felony, manslaughter in the first degree, manslaughter in the second
degree, indecent liberties if committed by forcible compulsion, kidnapping in
the second degree, arson in the second degree, assault in the second degree,
assault of a child in the second degree, extortion in the first degree,
burglary in the second degree, residential burglary, and robbery in the second
degree;
(b)
Any conviction for a felony offense in effect at any time prior to June 6,
1996, which is comparable to a felony classified as a crime of violence in (a)
of this subsection; and
(c)
Any federal or out-of-state conviction for an offense comparable to a felony
classified as a crime of violence under (a) or (b) of this subsection.
(12)
"Serious offense" means any of the following felonies or a felony
attempt to commit any of the following felonies, as now existing or hereafter
amended:
(a)
Any crime of violence;
(b)
Any felony violation of the uniform controlled substances act, chapter 69.50
RCW, that is classified as a class B felony or that has a maximum term of
imprisonment of at least ten years;
(c)
Child molestation in the second degree;
(d)
Incest when committed against a child under age fourteen;
(e)
Indecent liberties;
(f)
Leading organized crime;
(g)
Promoting prostitution in the first degree;
(h)
Rape in the third degree;
(i)
((Reckless endangerment in the first degree)) Drive-by shooting;
(j)
Sexual exploitation;
(k)
Vehicular assault;
(l)
Vehicular homicide, when proximately caused by the driving of any vehicle by
any person while under the influence of intoxicating liquor or any drug as
defined by RCW 46.61.502, or by the operation of any vehicle in a reckless
manner;
(m)
Any other class B felony offense with a finding of sexual motivation, as
"sexual motivation" is defined under RCW 9.94A.030;
(n)
Any other felony with a deadly weapon verdict under RCW 9.94A.125; or
(o)
Any felony offense in effect at any time prior to June 6, 1996, that is
comparable to a serious offense, or any federal or out-of-state conviction for
an offense that under the laws of this state would be a felony classified as a
serious offense.
(13)
"Law enforcement officer" includes a general authority Washington
peace officer as defined in RCW 10.93.020, or a specially commissioned
Washington peace officer as defined in RCW 10.93.020. "Law enforcement
officer" also includes a limited authority Washington peace officer as
defined in RCW 10.93.020 if such officer is duly authorized by his or her
employer to carry a concealed pistol.
(14)
"Felony" means any felony offense under the laws of this state or any
federal or out-of-state offense comparable to a felony offense under the laws
of this state.
(15)
"Sell" refers to the actual approval of the delivery of a firearm in
consideration of payment or promise of payment of a certain price in money.
(16)
"Barrel length" means the distance from the bolt face of a closed
action down the length of the axis of the bore to the crown of the muzzle, or
in the case of a barrel with attachments to the end of any legal device
permanently attached to the end of the muzzle.
(17)
"Family or household member" means "family" or
"household member" as used in RCW 10.99.020.
Sec.
47. RCW
9.41.040 and 1996 c 295 s 2 are each amended to read as follows:
(1)(a)
A person, whether an adult or juvenile, is guilty of the crime of unlawful
possession of a firearm in the first degree, if the person owns, has in his or
her possession, or has in his or her control any firearm after having
previously been convicted in this state or elsewhere of any serious offense as
defined in this chapter.
(b)
A person, whether an adult or juvenile, is guilty of the crime of unlawful
possession of a firearm in the second degree, if the person does not qualify
under (a) of this subsection for the crime of unlawful possession of a firearm
in the first degree and the person owns, has in his or her possession, or has
in his or her control any firearm:
(i)
After having previously been convicted in this state or elsewhere of any felony
not specifically listed as prohibiting firearm possession under (a) of this
subsection, or any of the following crimes when committed by one family or
household member against another, committed on or after July 1, 1993: Assault
in the fourth degree, coercion, stalking, reckless endangerment ((in the
second degree)), criminal trespass in the first degree, or violation of the
provisions of a protection order or no-contact order restraining the person or
excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or
10.99.040);
(ii)
After having previously been involuntarily committed for mental health
treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent
statutes of another jurisdiction, unless his or her right to possess a firearm
has been restored as provided in RCW 9.41.047;
(iii)
If the person is under eighteen years of age, except as provided in RCW
9.41.042; and/or
(iv)
If the person is free on bond or personal recognizance pending trial, appeal,
or sentencing for a serious offense as defined in RCW 9.41.010.
(2)(a)
Unlawful possession of a firearm in the first degree is a class B felony,
punishable under chapter 9A.20 RCW.
(b)
Unlawful possession of a firearm in the second degree is a class C felony,
punishable under chapter 9A.20 RCW.
(3)
Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this
chapter, a person has been "convicted", whether in an adult court or
adjudicated in a juvenile court, at such time as a plea of guilty has been
accepted, or a verdict of guilty has been filed, notwithstanding the pendency
of any future proceedings including but not limited to sentencing or
disposition, post-trial or post-factfinding motions, and appeals. Conviction
includes a dismissal entered after a period of probation, suspension or
deferral of sentence, and also includes equivalent dispositions by courts in
jurisdictions other than Washington state. A person shall not be precluded
from possession of a firearm if the conviction has been the subject of a
pardon, annulment, certificate of rehabilitation, or other equivalent procedure
based on a finding of the rehabilitation of the person convicted or the
conviction or disposition has been the subject of a pardon, annulment, or other
equivalent procedure based on a finding of innocence. Where no record of the
court's disposition of the charges can be found, there shall be a rebuttable
presumption that the person was not convicted of the charge.
(4)
Notwithstanding subsection (1) of this section, a person convicted of an
offense prohibiting the possession of a firearm under this section other than
murder, manslaughter, robbery, rape, indecent liberties, arson, assault,
kidnapping, extortion, burglary, or violations with respect to controlled
substances under RCW 69.50.401(a) and 69.50.410, who received a probationary
sentence under RCW 9.95.200, and who received a dismissal of the charge under
RCW 9.95.240, shall not be precluded from possession of a firearm as a result
of the conviction. Notwithstanding any other provisions of this section, if a
person is prohibited from possession of a firearm under subsection (1) of this
section and has not previously been convicted of a sex offense prohibiting
firearm ownership under subsection (1) of this section and/or any felony
defined under any law as a class A felony or with a maximum sentence of at
least twenty years, or both, the individual may petition a court of record to
have his or her right to possess a firearm restored:
(a)
Under RCW 9.41.047; and/or
(b)(i)
If the conviction was for a felony offense, after five or more consecutive
years in the community without being convicted or currently charged with any
felony, gross misdemeanor, or misdemeanor crimes, if the individual has no
prior felony convictions that prohibit the possession of a firearm counted as
part of the offender score under RCW 9.94A.360; or
(ii)
If the conviction was for a nonfelony offense, after three or more consecutive
years in the community without being convicted or currently charged with any
felony, gross misdemeanor, or misdemeanor crimes, if the individual has no
prior felony convictions that prohibit the possession of a firearm counted as
part of the offender score under RCW 9.94A.360 and the individual has completed
all conditions of the sentence.
(5)
In addition to any other penalty provided for by law, if a person under the age
of eighteen years is found by a court to have possessed a firearm in a vehicle
in violation of subsection (1) of this section or to have committed an offense
while armed with a firearm during which offense a motor vehicle served an
integral function, the court shall notify the department of licensing within
twenty-four hours and the person's privilege to drive shall be revoked under
RCW 46.20.265.
(6)
Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as
preventing an offender from being charged and subsequently convicted for the
separate felony crimes of theft of a firearm or possession of a stolen firearm,
or both, in addition to being charged and subsequently convicted under this
section for unlawful possession of a firearm in the first or second degree.
Notwithstanding any other law, if the offender is convicted under this section
for unlawful possession of a firearm in the first or second degree and for the
felony crimes of theft of a firearm or possession of a stolen firearm, or both,
then the offender shall serve consecutive sentences for each of the felony
crimes of conviction listed in this subsection.
(7)
Each firearm unlawfully possessed under this section shall be a separate
offense.
Sec.
48. RCW
9.94A.103 and 1995 c 129 s 5 are each amended to read as follows:
Any
and all recommended sentencing agreements or plea agreements and the sentences
for any and all felony crimes shall be made and retained as public records if
the felony crime involves:
(1)
Any violent offense as defined in this chapter;
(2)
Any most serious offense as defined in this chapter;
(3)
Any felony with a deadly weapon special verdict under RCW 9.94A.125;
(4)
Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4),
or both; and/or
(5)
The felony crimes of possession of a machine gun, possessing a stolen firearm,
((reckless endangerment in the first degree)) drive-by shooting,
theft of a firearm, unlawful possession of a firearm in the first or second
degree, and/or use of a machine gun in a felony.
Sec.
49. RCW
9.94A.105 and 1995 c 129 s 6 are each amended to read as follows:
(1)
A current, newly created or reworked judgment and sentence document for each
felony sentencing shall record any and all recommended sentencing agreements or
plea agreements and the sentences for any and all felony crimes kept as public
records under RCW 9.94A.103 shall contain the clearly printed name and legal
signature of the sentencing judge. The judgment and sentence document as
defined in this section shall also provide additional space for the sentencing
judge's reasons for going either above or below the presumptive sentence range
for any and all felony crimes covered as public records under RCW 9.94A.103.
Both the sentencing judge and the prosecuting attorney's office shall each
retain or receive a completed copy of each sentencing document as defined in
this section for their own records.
(2)
The sentencing guidelines commission shall be sent a completed copy of the
judgment and sentence document upon conviction for each felony sentencing under
subsection (1) of this section and shall compile a yearly and cumulative
judicial record of each sentencing judge in regards to his or her sentencing
practices for any and all felony crimes involving:
(a)
Any violent offense as defined in this chapter;
(b)
Any most serious offense as defined in this chapter;
(c)
Any felony with any deadly weapon special verdict under RCW 9.94A.125;
(d)
Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or
both; and/or
(e)
The felony crimes of possession of a machine gun, possessing a stolen firearm,
((reckless endangerment in the first degree)) drive‑by shooting,
theft of a firearm, unlawful possession of a firearm in the first or second
degree, and/or use of a machine gun in a felony.
(3)
The sentencing guidelines commission shall compare each individual judge's
sentencing practices to the standard or presumptive sentence range for any and
all felony crimes listed in subsection (2) of this section for the appropriate
offense level as defined in RCW 9.94A.320, offender score as defined in RCW
9.94A.360, and any applicable deadly weapon enhancements as defined in RCW
9.94A.310 (3) or (4), or both. These comparative records shall be retained and
made available to the public for review in a current, newly created or reworked
official published document by the sentencing guidelines commission.
(4)
Any and all felony sentences which are either above or below the standard or
presumptive sentence range in subsection (3) of this section shall also mark
whether the prosecuting attorney in the case also recommended a similar
sentence, if any, which was either above or below the presumptive sentence
range and shall also indicate if the sentence was in conjunction with an
approved alternative sentencing option including a first-time offender waiver,
sex offender sentencing alternative, or other prescribed sentencing option.
(5)
If any completed judgment and sentence document as defined in subsection (1) of
this section is not sent to the sentencing guidelines commission as required in
subsection (2) of this section, the sentencing guidelines commission shall have
the authority and shall undertake reasonable and necessary steps to assure that
all past, current, and future sentencing documents as defined in subsection (1)
of this section are received by the sentencing guidelines commission.
Sec.
50. RCW
9.94A.310 and 1996 c 205 s 5 are each amended to read as follows:
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
SCORE OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XV Life Sentence without Parole/Death Penalty
XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320
333 347 361 374 388 416 450 493 548
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164
178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136
147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102
114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14
20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3
8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6
9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE:
Numbers in the first horizontal row of each seriousness category represent
sentencing midpoints in years(y) and months(m). Numbers in the second and
third rows represent presumptive sentencing ranges in months, or in days if so
designated. 12+ equals one year and one day.
(2)
For persons convicted of the anticipatory offenses of criminal attempt,
solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence
is determined by locating the sentencing grid sentence range defined by the
appropriate offender score and the seriousness level of the completed crime,
and multiplying the range by 75 percent.
(3)
The following additional times shall be added to the presumptive sentence for
felony crimes committed after July 23, 1995, if the offender or an accomplice
was armed with a firearm as defined in RCW 9.41.010 and the offender is being
sentenced for one of the crimes listed in this subsection as eligible for any
firearm enhancements based on the classification of the completed felony crime.
If the offender or an accomplice was armed with a firearm as defined in RCW
9.41.010 and the offender is being sentenced for an anticipatory offense under
chapter 9A.28 RCW to commit one of the crimes listed in this subsection as
eligible for any firearm enhancements, the following additional times shall be
added to the presumptive sentence determined under subsection (2) of this
section based on the felony crime of conviction as classified under RCW
9A.28.020:
(a)
Five years for any felony defined under any law as a class A felony or with a
maximum sentence of at least twenty years, or both, and not covered under (f)
of this subsection.
(b)
Three years for any felony defined under any law as a class B felony or with a
maximum sentence of ten years, or both, and not covered under (f) of this
subsection.
(c)
Eighteen months for any felony defined under any law as a class C felony or
with a maximum sentence of five years, or both, and not covered under (f) of
this subsection.
(d)
If the offender is being sentenced for any firearm enhancements under (a), (b),
and/or (c) of this subsection and the offender has previously been sentenced
for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or
(c) of this subsection or subsection (4)(a), (b), and/or (c) of this section,
or both, any and all firearm enhancements under this subsection shall be twice
the amount of the enhancement listed.
(e)
Notwithstanding any other provision of law, any and all firearm enhancements
under this section are mandatory, shall be served in total confinement, and
shall not run concurrently with any other sentencing provisions.
(f)
The firearm enhancements in this section shall apply to all felony crimes
except the following: Possession of a machine gun, possessing a stolen
firearm, ((reckless endangerment in the first degree)) drive-by
shooting, theft of a firearm, unlawful possession of a firearm in the first
and second degree, and use of a machine gun in a felony.
(g)
If the presumptive sentence under this section exceeds the statutory maximum
for the offense, the statutory maximum sentence shall be the presumptive
sentence unless the offender is a persistent offender as defined in RCW
9.94A.030.
(4)
The following additional times shall be added to the presumptive sentence for
felony crimes committed after July 23, 1995, if the offender or an accomplice
was armed with a deadly weapon as defined in this chapter other than a firearm
as defined in RCW 9.41.010 and the offender is being sentenced for one of the
crimes listed in this subsection as eligible for any deadly weapon enhancements
based on the classification of the completed felony crime. If the offender or
an accomplice was armed with a deadly weapon other than a firearm as defined in
RCW 9.41.010 and the offender is being sentenced for an anticipatory offense
under chapter 9A.28 RCW to commit one of the crimes listed in this subsection
as eligible for any deadly weapon enhancements, the following additional times
shall be added to the presumptive sentence determined under subsection (2) of
this section based on the felony crime of conviction as classified under RCW
9A.28.020:
(a)
Two years for any felony defined under any law as a class A felony or with a
maximum sentence of at least twenty years, or both, and not covered under (f)
of this subsection.
(b)
One year for any felony defined under any law as a class B felony or with a
maximum sentence of ten years, or both, and not covered under (f) of this
subsection.
(c)
Six months for any felony defined under any law as a class C felony or with a
maximum sentence of five years, or both, and not covered under (f) of this
subsection.
(d)
If the offender is being sentenced under (a), (b), and/or (c) of this
subsection for any deadly weapon enhancements and the offender has previously
been sentenced for any deadly weapon enhancements after July 23, 1995, under
(a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c)
of this section, or both, any and all deadly weapon enhancements under this
subsection shall be twice the amount of the enhancement listed.
(e)
Notwithstanding any other provision of law, any and all deadly weapon
enhancements under this section are mandatory, shall be served in total
confinement, and shall not run concurrently with any other sentencing
provisions.
(f)
The deadly weapon enhancements in this section shall apply to all felony crimes
except the following: Possession of a machine gun, possessing a stolen
firearm, ((reckless endangerment in the first degree)) drive-by
shooting, theft of a firearm, unlawful possession of a firearm in the first
and second degree, and use of a machine gun in a felony.
(g)
If the presumptive sentence under this section exceeds the statutory maximum
for the offense, the statutory maximum sentence shall be the presumptive
sentence unless the offender is a persistent offender as defined in RCW
9.94A.030.
(5)
The following additional times shall be added to the presumptive sentence if
the offender or an accomplice committed the offense while in a county jail or
state correctional facility as that term is defined in this chapter and the
offender is being sentenced for one of the crimes listed in this subsection.
If the offender or an accomplice committed one of the crimes listed in this
subsection while in a county jail or state correctional facility as that term
is defined in this chapter, and the offender is being sentenced for an
anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed
in this subsection, the following additional times shall be added to the
presumptive sentence determined under subsection (2) of this section:
(a)
Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or
69.50.410;
(b)
Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv),
and (v);
(c)
Twelve months for offenses committed under RCW 69.50.401(d).
For
the purposes of this subsection, all of the real property of a state
correctional facility or county jail shall be deemed to be part of that
facility or county jail.
(6)
An additional twenty-four months shall be added to the presumptive sentence for
any ranked offense involving a violation of chapter 69.50 RCW if the offense
was also a violation of RCW 69.50.435.
Sec.
51. RCW
9.94A.320 and 1996 c 302 s 6, 1996 c 205 s 3, and 1996 c 36 s 2 are each
reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVAggravated Murder 1 (RCW 10.95.020)
XIVMurder 1 (RCW
9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIIIMurder 2 (RCW 9A.32.050)
XIIAssault 1 (RCW
9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XIRape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XKidnapping 1 (RCW
9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat
to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule
I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IXAssault of a Child 2
(RCW 9A.36.130)
Robbery 1 (RCW
9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW
9A.44.100(1)(a))
Endangering life and property by explosives with
threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV,
or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior
(RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW
9.68A.040)
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))
Vehicular Homicide, by being under the influence of
intoxicating liquor or any drug (RCW 46.61.520)
VIIIArson 1 (RCW
9A.48.020)
Promoting Prostitution 1
(RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any
controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to
deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to
deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Possession of ephedrine or pseudoephedrine with
intent to manufacture methamphetamine (RCW 69.50.440)
Vehicular Homicide, by the operation of any vehicle
in a reckless manner (RCW 46.61.520)
VIIBurglary 1 (RCW
9A.52.020)
Vehicular Homicide, by
disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion)
(RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually
explicit conduct (RCW 9.68A.050)
Sending, bringing into
state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW
69.50.401(f))
((Reckless Endangerment 1)) Drive-by
Shooting (RCW 9A.36.045)
Unlawful Possession of a Firearm in the first
degree (RCW 9.41.040(1)(a))
VIBribery (RCW
9A.68.010)
Manslaughter 2 (RCW
9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110,
9A.72.130)
Damaging building, etc., by explosion with no
threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no
threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to
deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW
69.50.401(a)(1)(i))
Intimidating a Judge
(RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Theft of a Firearm (RCW 9A.56.300)
VPersistent prison
misbehavior (RCW 9.94.070)
Criminal Mistreatment 1 (RCW 9A.42.020)
Abandonment of dependent person 1 (RCW 9A.42.060)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate
extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit
(RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW
9A.76.170(2)(b))
Sexually Violating Human Remains (RCW 9A.44.105)
Delivery of imitation controlled substance by
person eighteen or over to person under eighteen (RCW 69.52.030(2))
Possession of a Stolen Firearm (RCW 9A.56.310)
IVResidential Burglary
(RCW 9A.52.025)
Theft of Livestock 1
(RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Commercial Bribery (RCW 9A.68.060)
Bribing a Witness/Bribe Received by Witness (RCW
9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW
72.66.060)
Hit and Run ‑- Injury Accident (RCW
46.52.020(4))
Hit and Run with Vessel ‑- Injury Accident
(RCW 88.12.155(3))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to
deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V
(except marijuana or methamphetamines) (RCW 69.50.401(a)(1) (iii) through (v))
Influencing Outcome of Sporting Event (RCW
9A.82.070)
Use of Proceeds of
Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW
9A.82.050(2))
IIICriminal Mistreatment
2 (RCW 9A.42.030)
Abandonment of dependent
person 2 (RCW 9A.42.070)
Extortion 2 (RCW
9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm in the second degree
(RCW 9.41.040(1)(b))
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW
72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes
(RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW
9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to
deliver marijuana (RCW 69.50.401(a)(1)(iii))
Delivery of a material in lieu of a controlled
substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to
distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW
9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation
(RCW 21.20.400)
IIUnlawful Practice of
Law (RCW 2.48.180)
Malicious Mischief 1
(RCW 9A.48.070)
Possession of Stolen
Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlicensed Practice of a Profession or Business
(RCW 18.130.190(7))
Health Care False Claims (RCW 48.80.030)
Possession of controlled substance that is either
heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW
69.50.401(d))
Create, deliver, or possess a counterfeit
controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW
9A.52.110)
Escape from Community Custody (RCW 72.09.310)
ITheft 2 (RCW 9A.56.040)
Possession of Stolen
Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW
9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW
46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW
9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and
(3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW
69.50.403)
Possess Controlled Substance that is a Narcotic from
Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine)
(RCW 69.50.401(d))
Sec.
52. RCW
9A.46.060 and 1994 c 271 s 802 and 1994 c 121 s 2 are each reenacted and
amended to read as follows:
As
used in this chapter, "harassment" may include but is not limited to
any of the following crimes:
(1)
Harassment (RCW 9A.46.020);
(2)
Malicious harassment (RCW 9A.36.080);
(3)
Telephone harassment (RCW 9.61.230);
(4)
Assault in the first degree (RCW 9A.36.011);
(5)
Assault of a child in the first degree (RCW 9A.36.120);
(6)
Assault in the second degree (RCW 9A.36.021);
(7)
Assault of a child in the second degree (RCW 9A.36.130);
(8)
Assault in the fourth degree (RCW 9A.36.041);
(9)
Reckless endangerment ((in the second degree)) (RCW 9A.36.050);
(10)
Extortion in the first degree (RCW 9A.56.120);
(11)
Extortion in the second degree (RCW 9A.56.130);
(12)
Coercion (RCW 9A.36.070);
(13)
Burglary in the first degree (RCW 9A.52.020);
(14)
Burglary in the second degree (RCW 9A.52.030);
(15)
Criminal trespass in the first degree (RCW 9A.52.070);
(16)
Criminal trespass in the second degree (RCW 9A.52.080);
(17)
Malicious mischief in the first degree (RCW 9A.48.070);
(18)
Malicious mischief in the second degree (RCW 9A.48.080);
(19)
Malicious mischief in the third degree (RCW 9A.48.090);
(20)
Kidnapping in the first degree (RCW 9A.40.020);
(21)
Kidnapping in the second degree (RCW 9A.40.030);
(22)
Unlawful imprisonment (RCW 9A.40.040);
(23)
Rape in the first degree (RCW 9A.44.040);
(24)
Rape in the second degree (RCW 9A.44.050);
(25)
Rape in the third degree (RCW 9A.44.060);
(26)
Indecent liberties (RCW 9A.44.100);
(27)
Rape of a child in the first degree (RCW 9A.44.073);
(28)
Rape of a child in the second degree (RCW 9A.44.076);
(29)
Rape of a child in the third degree (RCW 9A.44.079);
(30)
Child molestation in the first degree (RCW 9A.44.083);
(31)
Child molestation in the second degree (RCW 9A.44.086);
(32)
Child molestation in the third degree (RCW 9A.44.089);
(33)
Stalking (RCW 9A.46.110);
(34)
Residential burglary (RCW 9A.52.025); and
(35)
Violation of a temporary or permanent protective order issued pursuant to
chapter 9A.46, 10.14, 10.99, 26.09, or 26.50 RCW.
Sec.
53. RCW
10.99.020 and 1996 c 248 s 5 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Family or household members" means spouses, former spouses, persons
who have a child in common regardless of whether they have been married or have
lived together at any time, adult persons related by blood or marriage, adult
persons who are presently residing together or who have resided together in the
past, persons sixteen years of age or older who are presently residing together
or who have resided together in the past and who have or have had a dating
relationship, persons sixteen years of age or older with whom a person sixteen
years of age or older has or has had a dating relationship, and persons who
have a biological or legal parent-child relationship, including stepparents and
stepchildren and grandparents and grandchildren.
(2)
"Dating relationship" has the same meaning as in RCW 26.50.010.
(3)
"Domestic violence" includes but is not limited to any of the
following crimes when committed by one family or household member against
another:
(a)
Assault in the first degree (RCW 9A.36.011);
(b)
Assault in the second degree (RCW 9A.36.021);
(c)
Assault in the third degree (RCW 9A.36.031);
(d)
Assault in the fourth degree (RCW 9A.36.041);
(e)
((Reckless endangerment in the first degree)) Drive-by shooting
(RCW 9A.36.045);
(f)
Reckless endangerment ((in the second degree)) (RCW 9A.36.050);
(g)
Coercion (RCW 9A.36.070);
(h)
Burglary in the first degree (RCW 9A.52.020);
(i)
Burglary in the second degree (RCW 9A.52.030);
(j)
Criminal trespass in the first degree (RCW 9A.52.070);
(k)
Criminal trespass in the second degree (RCW 9A.52.080);
(l)
Malicious mischief in the first degree (RCW 9A.48.070);
(m)
Malicious mischief in the second degree (RCW 9A.48.080);
(n)
Malicious mischief in the third degree (RCW 9A.48.090);
(o)
Kidnapping in the first degree (RCW 9A.40.020);
(p)
Kidnapping in the second degree (RCW 9A.40.030);
(q)
Unlawful imprisonment (RCW 9A.40.040);
(r)
Violation of the provisions of a restraining order restraining the person or
restraining the person from going onto the grounds of or entering a residence,
workplace, school, or day care (RCW 26.09.300, 26.10.220, or 26.26.138);
(s)
Violation of the provisions of a protection order or no-contact order
restraining the person or restraining the person from going onto the grounds of
or entering a residence, workplace, school, or day care (RCW 26.50.060,
26.50.070, 26.50.130, 10.99.040, or 10.99.050);
(t)
Rape in the first degree (RCW 9A.44.040);
(u)
Rape in the second degree (RCW 9A.44.050);
(v)
Residential burglary (RCW 9A.52.025);
(w)
Stalking (RCW 9A.46.110); and
(x)
Interference with the reporting of domestic violence (RCW 9A.36.150).
(4)
"Victim" means a family or household member who has been subjected to
domestic violence.
Sec.
54. RCW
10.99.040 and 1996 c 248 s 7 are each amended to read as follows:
(1)
Because of the serious nature of domestic violence, the court in domestic
violence actions:
(a)
Shall not dismiss any charge or delay disposition because of concurrent
dissolution or other civil proceedings;
(b)
Shall not require proof that either party is seeking a dissolution of marriage
prior to instigation of criminal proceedings;
(c)
Shall waive any requirement that the victim's location be disclosed to any
person, other than the attorney of a criminal defendant, upon a showing that
there is a possibility of further violence: PROVIDED, That the court may order
a criminal defense attorney not to disclose to his or her client the victim's
location; and
(d)
Shall identify by any reasonable means on docket sheets those criminal actions
arising from acts of domestic violence.
(2)
Because of the likelihood of repeated violence directed at those who have been
victims of domestic violence in the past, when any person charged with or
arrested for a crime involving domestic violence is released from custody
before arraignment or trial on bail or personal recognizance, the court
authorizing the release may prohibit that person from having any contact with
the victim. The jurisdiction authorizing the release shall determine whether
that person should be prohibited from having any contact with the victim. If
there is no outstanding restraining or protective order prohibiting that person
from having contact with the victim, the court authorizing release may issue,
by telephone, a no-contact order prohibiting the person charged or arrested
from having contact with the victim. In issuing the order, the court shall
consider the provisions of RCW 9.41.800. The no-contact order shall also be
issued in writing as soon as possible.
(3)
At the time of arraignment the court shall determine whether a no-contact order
shall be issued or extended. If a no-contact order is issued or extended, the
court may also include in the conditions of release a requirement that the
defendant submit to electronic monitoring. If electronic monitoring is
ordered, the court shall specify who shall provide the monitoring services, and
the terms under which the monitoring shall be performed. Upon conviction, the
court may require as a condition of the sentence that the defendant reimburse
the providing agency for the costs of the electronic monitoring.
(4)(a)
Willful violation of a court order issued under subsection (2) or (3) of this
section is a gross misdemeanor except as provided in (b) and (c) of this
subsection (4). Upon conviction and in addition to other penalties provided by
law, the court may require that the defendant submit to electronic monitoring.
The court shall specify who shall provide the electronic monitoring services
and the terms under which the monitoring must be performed. The court also may
include a requirement that the defendant pay the costs of the monitoring. The
court shall consider the ability of the convicted person to pay for electronic
monitoring.
(b)
Any assault that is a violation of an order issued under this section and that
does not amount to assault in the first or second degree under RCW 9A.36.011 or
9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any
conduct in violation of a protective order issued under this section that is
reckless and creates a substantial risk of death or serious physical injury to
another person is a class C felony punishable under chapter 9A.20 RCW.
(c)
A willful violation of a court order issued under this section is a class C
felony if the offender has at least two previous convictions for violating the
provisions of a no-contact order issued under this chapter, a domestic violence
protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any
federal or out-of-state order that is comparable to a no-contact order or
protection order issued under Washington law. The previous convictions may
involve the same victim or other victims specifically protected by the
no-contact orders or protection orders the offender violated.
(d)
The written order releasing the person charged or arrested shall contain the
court's directives and shall bear the legend: "Violation of this order is
a criminal offense under chapter 10.99 RCW and will subject a violator to
arrest; any assault, drive-by shooting, or reckless endangerment that is
a violation of this order is a felony. You can be arrested even if any person
protected by the order invites or allows you to violate the order's
prohibitions. You have the sole responsibility to avoid or refrain from
violating the order's provisions. Only the court can change the order."
A certified copy of the order shall be provided to the victim. If a no-contact
order has been issued prior to charging, that order shall expire at arraignment
or within seventy-two hours if charges are not filed. Such orders need not be
entered into the computer-based criminal intelligence information system in
this state which is used by law enforcement agencies to list outstanding
warrants.
(5)
Whenever an order prohibiting contact is issued, modified, or terminated under
subsection (2) or (3) of this section, the clerk of the court shall forward a
copy of the order on or before the next judicial day to the appropriate law
enforcement agency specified in the order. Upon receipt of the copy of the
order the law enforcement agency shall forthwith enter the order for one year
or until the expiration date specified on the order into any computer-based
criminal intelligence information system available in this state used by law
enforcement agencies to list outstanding warrants. Entry into the law
enforcement information system constitutes notice to all law enforcement
agencies of the existence of the order. The order is fully enforceable in any
jurisdiction in the state.
Sec.
55. RCW
10.99.050 and 1996 c 248 s 8 are each amended to read as follows:
(1)
When a defendant is found guilty of a crime and a condition of the sentence
restricts the defendant's ability to have contact with the victim, such
condition shall be recorded and a written certified copy of that order shall be
provided to the victim.
(2)
Willful violation of a court order issued under this section is a gross
misdemeanor. Any assault that is a violation of an order issued under this
section and that does not amount to assault in the first or second degree under
RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of
a protective order issued under this section that is reckless and creates a
substantial risk of death or serious physical injury to another person is a
class C felony. A willful violation of a court order issued under this section
is also a class C felony if the offender has at least two previous convictions
for violating the provisions of a no-contact order issued under this chapter,
or a domestic violence protection order issued under chapter 26.09, 26.10,
26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to
a no-contact order or protection order that is issued under Washington law.
The previous convictions may involve the same victim or other victims
specifically protected by the no-contact orders or protection orders the
offender violated.
The
written order shall contain the court's directives and shall bear the legend:
Violation of this order is a criminal offense under chapter 10.99 RCW and will
subject a violator to arrest; any assault, drive-by shooting, or
reckless endangerment that is a violation of this order is a felony.
(3)
Whenever an order prohibiting contact is issued pursuant to this section, the
clerk of the court shall forward a copy of the order on or before the next
judicial day to the appropriate law enforcement agency specified in the order.
Upon receipt of the copy of the order the law enforcement agency shall
forthwith enter the order for one year into any computer-based criminal
intelligence information system available in this state used by law enforcement
agencies to list outstanding warrants. Entry into the law enforcement
information system constitutes notice to all law enforcement agencies of the
existence of the order. The order is fully enforceable in any jurisdiction in
the state.
NEW
SECTION. Sec. 56. A new
section is added to chapter 43.121 RCW to read as follows:
The
legislature of the state of Washington finds that community deterioration and
family disintegration are increasing problems in our state. One clear
indicator of this damage is juvenile crime and violence. The legislature
further finds that prevention is one of the best methods of fighting juvenile
crime. Building more facilities to house juvenile offenders can be at best
only one part of any solution. Any increased spending on confining juvenile
offenders must be closely linked to existing efforts to prevent juvenile crime.
NEW
SECTION. Sec. 57. The
sentencing guidelines commission shall review conviction data for the past ten
years. The commission shall submit a proposed bill to the legislature for
introduction in the 1998 legislative session that appropriately ranks all
unranked felony offenses for which there have been convictions for the period
studied.
NEW
SECTION. Sec. 58. The
legislature finds that it is necessary to improve the analysis, evaluation, and
forecasting of sentencing and treatment alternatives for adult and juvenile
offenders.
In
order to establish a universally accepted measuring tool for use in making informed
corrections and public safety policy decisions in the adult and juvenile
corrections systems, the Washington state institute for public policy shall
develop a proposed definition of recidivism. The institute's definition shall
provide the legislature and the governor with an objective, outcome-based
standard for measuring the success of programs in increasing public safety and
reducing subsequent offenses by convicted persons.
The
definition shall be reported to the governor and the legislature by December
31, 1997.
NEW
SECTION. Sec. 59. The
legislature finds it critical to evaluate the effectiveness of the revisions
made in this act to juvenile sentencing for purposes of measuring improvements
in public safety and reduction of recidivism.
To
accomplish this evaluation, the Washington state institute for public policy
shall conduct a study of the sentencing revisions. The study shall: (1) Be
conducted starting January 1, 2001; (2) examine whether the revisions have affected
the rate of initial offense commission and recidivism; (3) determine the
impacts of the revisions by age, race, and gender impacts of the revisions; (4)
compare the utilization and effectiveness of sentencing alternatives and
manifest injustice determinations before and after the revisions; and (5)
examine the impact and effectiveness of changes made in the exclusive original
jurisdiction of juvenile court over juvenile offenders.
The
institute shall report the results of the study to the governor and legislature
not later than July 1, 2002.
NEW
SECTION. Sec. 60. The
legislature finds that meaningful community involvement is vital to the
juvenile justice system's ability to respond to the serious problem of juvenile
crime. Citizens and crime victims need to be active partners in responding to
crime, in the management of resources, and in the disposition decisions
regarding juvenile offenders in their community. Involvement of citizens and
crime victims increase offender accountability and build healthier communities,
which will reduce recidivism and crime rates in Washington state.
The
legislature also finds that local governments are in the best position to
develop, coordinate, and manage local community prevention, intervention, and
corrections programs for juvenile offenders, and to determine local resource priorities.
Local community management will build upon local values and increase local
control of resources, encourage the use of a comprehensive range of
community-based intervention strategies.
The
primary purpose of sections 60 through 64 of this act, the community juvenile
accountability act, is to provide a continuum of community-based programs that
emphasize the juvenile offender's accountability for his or her actions while
assisting him or her in the development of skills necessary to function effectively
and positively in the community in a manner consistent with public safety.
NEW
SECTION. Sec. 61. (1)
In order to receive funds under sections 60 through 64 of this act, local
governments may, through their respective agencies that administer funding for
consolidated juvenile services, submit proposals that establish community
juvenile accountability programs within their communities. These proposals
must be submitted to the juvenile rehabilitation administration of the
department of social and health services for certification.
(2)
The proposals must:
(a)
Demonstrate that the proposals were developed with the input of the community
public health and safety networks established under RCW 70.190.060, and the
local law and justice councils established under RCW 72.09.300;
(b)
Describe how local community groups or members are involved in the
implementation of the programs funded under sections 60 through 64 of this act;
(c)
Include a description of how the grant funds will contribute to the expected
outcomes of the program and the reduction of youth violence and juvenile crime
in their community. Data approaches are not required to be replicated if the
networks have information that addresses risks in the community for juvenile
offenders.
(3)
A local government receiving a grant under this section shall agree that any
funds received must be used efficiently to encourage the use of community-based
programs that reduce the reliance on secure confinement as the sole means of
holding juvenile offenders accountable for their crimes. The local government
shall also agree to account for the expenditure of all funds received under the
grant and to submit to audits for compliance with the grant criteria developed
under section 62 of this act.
(4)
The juvenile rehabilitation administration, in consultation with the Washington
association of juvenile court administrators, the state law and justice
advisory council, and the family policy council, shall establish guidelines for
programs that may be funded under sections 60 through 64 of this act. The
guidelines must:
(a)
Target diverted and adjudicated juvenile offenders;
(b)
Include assessment methods to determine services, programs, and intervention
strategies most likely to change behaviors and norms of juvenile offenders;
(c)
Provide maximum structured supervision in the community. Programs should use
natural surveillance and community guardians such as employers, relatives, teachers,
clergy, and community mentors to the greatest extent possible;
(d)
Promote good work ethic values and educational skills and competencies
necessary for the juvenile offender to function effectively and positively in
the community;
(e)
Maximize the efficient delivery of treatment services aimed at reducing risk
factors associated with the commission of juvenile offenses;
(f)
Maximize the reintegration of the juvenile offender into the community upon
release from confinement;
(g)
Maximize the juvenile offender's opportunities to make full restitution to the
victims and amends to the community;
(h)
Support and encourage increased court discretion in imposing community-based
intervention strategies;
(i)
Be compatible with research that shows which prevention and early intervention
strategies work with juvenile offenders;
(j)
Be outcome-based in that it describes what outcomes will be achieved or what
outcomes have already been achieved;
(k)
Include an evaluation component; and
(l)
Recognize the diversity of local needs.
(5)
The state law and justice advisory council, with the assistance of the family
policy council and the governor's juvenile justice advisory committee, may
provide support and technical assistance to local governments for training and
education regarding community-based prevention and intervention strategies.
NEW
SECTION. Sec. 62. (1)
The state may make grants to local governments for the provision of
community-based programs for juvenile offenders. The grants must be made under
a grant formula developed by the juvenile rehabilitation administration, in
consultation with the Washington association of juvenile court administrators.
(2)
Upon certification by the juvenile rehabilitation administration that a
proposal satisfies the application and selection criteria, grant funds will be
distributed to the local government agency that administers funding for
consolidated juvenile services.
NEW
SECTION. Sec. 63. The
legislature recognizes the importance of evaluation and outcome measurements of
programs serving juvenile offenders in order to ensure cost-effective use of
public funds.
The
Washington state institute for public policy shall develop standards for
measuring the effectiveness of juvenile accountability programs established and
approved under section 61 of this act. The standards must be developed and
presented to the governor and legislature not later than January 1, 1998. The
standards must include methods for measuring success factors following
intervention. Success factors include, but are not limited to, continued use
of alcohol or controlled substances, arrests, violations of terms of community
supervision, convictions for subsequent offenses, and restitution to victims.
NEW
SECTION. Sec. 64. (1)
Each community juvenile accountability program approved and funded under
sections 60 through 64 of this act shall comply with the information collection
requirements in subsection (2) of this section and the reporting requirements
in subsection (3) of this section.
(2)
The information collected by each community juvenile accountability program
must include, at a minimum for each juvenile participant: (a) The name, date
of birth, gender, social security number, and, when available, the juvenile
information system (JUVIS) control number; (b) an initial intake assessment of
each juvenile participating in the program; (c) a list of all juveniles who
completed the program; and (d) an assessment upon completion or termination of
each juvenile, including outcomes and, where applicable, reasons for
termination.
(3)
The juvenile rehabilitation administration shall annually compile the data and
report to the legislature on: (a) The programs funded under sections 60
through 64 of this act; (b) the total cost for each funded program and cost per
juvenile; and (c) the essential elements of the program.
NEW
SECTION. Sec. 65. The
Washington state institute for public policy shall evaluate the costs and
benefits of the programs funded in sections 60 through 64 of this act. The
evaluation must measure whether the programs cost-effectively reduce recidivism
and crime rates in Washington state. The institute shall submit reports to the
governor and the legislature by December 1, 1998, and December 1, 2000.
NEW
SECTION. Sec. 66.
Sections 60 through 64 of this act may be known as the community juvenile
accountability act.
NEW
SECTION. Sec. 67.
Sections 60 through 64 and 66 of this act are added to chapter 13.40 RCW.
Sec.
68. RCW
82.44.110 and 1997 c 149 s 911 (SSB 6062) are each amended to read as follows:
The
county auditor shall regularly, when remitting license fee receipts, pay over
and account to the director of licensing for the excise taxes collected under
the provisions of this chapter. The director shall forthwith transmit the
excise taxes to the state treasurer.
(1)
The state treasurer shall deposit the excise taxes collected under RCW
82.44.020(1) as follows:
(a)
1.60 percent into the motor vehicle fund to defray administrative and other
expenses incurred by the department in the collection of the excise tax.
(b)
8.15 percent into the Puget Sound capital construction account in the motor
vehicle fund.
(c)
4.07 percent into the Puget Sound ferry operations account in the motor vehicle
fund.
(d)
5.88 percent into the general fund to be distributed under RCW 82.44.155.
(e)
4.75 percent into the municipal sales and use tax equalization account in the
general fund created in RCW 82.14.210.
(f)
1.60 percent into the county sales and use tax equalization account in the
general fund created in RCW 82.14.200.
(g)
62.6440 percent into the general fund through June 30, 1995, and 57.6440
percent into the general fund beginning July 1, 1995.
(h)
5 percent into the transportation fund created in RCW 82.44.180 beginning July
1, 1995.
(i)
5.9686 percent into the county criminal justice assistance account created in
RCW 82.14.310.
(j)
1.1937 percent into the municipal criminal justice assistance account for
distribution under RCW 82.14.320.
(k)
1.1937 percent into the municipal criminal justice assistance account for
distribution under RCW 82.14.330.
(l)
2.95 percent into the county public health account created in RCW 70.05.125.
Notwithstanding
(i) through (k) of this subsection, no more than sixty million dollars shall be
deposited into the accounts specified in (i) through (k) of this subsection for
the period January 1, 1994, through June 30, 1995. Not more than five percent
of the funds deposited to these accounts shall be available for appropriations
for enhancements to the state patrol crime laboratory system and the continuing
costs related to these enhancements. Motor vehicle excise tax funds
appropriated for such enhancements shall not supplant existing funds from the
state general fund. For the fiscal year ending June 30, 1998, and for each
fiscal year thereafter, the amounts deposited into the accounts specified in
(i) through (k) of this subsection shall not increase by more than the amounts
deposited into those accounts in the previous fiscal year increased by the
implicit price deflator for the previous fiscal year. Any revenues in excess
of this amount shall be deposited into the violence reduction and drug
enforcement account ((during the 1997-99 fiscal biennium)).
(2)
The state treasurer shall deposit the excise taxes collected under RCW
82.44.020(2) into the transportation fund.
(3)
The state treasurer shall deposit the excise tax imposed by RCW 82.44.020(3)
into the air pollution control account created by RCW 70.94.015.
Sec.
69. RCW
69.50.520 and 1997 c 149 s 912 (SSB 6062) are each amended to read as follows:
The
violence reduction and drug enforcement account is created in the state
treasury. All designated receipts from RCW 9.41.110(7), 66.24.210(4),
66.24.290(3), 69.50.505(h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and
section 420, chapter 271, Laws of 1989 shall be deposited into the account.
Expenditures from the account may be used only for funding services and
programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess.,
including state incarceration costs. Funds from the account may also be
appropriated to reimburse local governments for costs associated with
implementing criminal justice legislation including chapter . . .,
Laws of 1997 (this act). During the 1997-1999 biennium, funds from the
account may also be used ((to implement Engrossed Third Substitute House
Bill No. 3900 (juvenile code revisions), including local government costs, and))
for costs associated with conducting a feasibility study of the
department of corrections' offender-based tracking system. After July 1, 1999,
at least seven and one-half percent of expenditures from the account shall be
used for providing grants to community networks under chapter 70.190 RCW by the
family policy council.
Sec.
70. RCW
13.40.080 and 1997 c 121 s 8 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. 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; literacy; 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.
(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. Prior to
the expiration of the initial ten-year period, the juvenile court may extend
the judgment for restitution an additional ten years. 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.
NEW
SECTION. Sec. 71. The
code reviser shall alphabetize the definitions in RCW 13.40.020 and correct any
references.
NEW
SECTION. Sec. 72. The
following acts or parts of acts are each repealed:
(1) RCW
9.94A.045 and 1996 c 232 s 2;
(2) 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;
(3) RCW
13.40.075 and 1994 sp.s. c 7 s 546; and
(4) RCW
13.40.125 and 1995 c 395 s 6 & 1994 sp.s. c 7 s 545.
NEW
SECTION. Sec. 73. RCW
13.40.0354 and 1994 sp.s. c 7 s 521 & 1989 c 407 s 6 are each repealed
effective July 1, 1998.
NEW
SECTION. Sec. 74. 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. 75. 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, except sections 10, 12, 18, 24
through 26, 30, 38, and 59 of this act which take effect July 1, 1998.
