HOUSE BILL ANALYSIS

                 SSB 5457

Title:  An act relating to conditions involving diversion agreements for juveniles under diversion programs authorized by state law prior to January 1, 1999.

Brief Description:  Revising provisions relating to conditions involving diversion agreements for juveniles.

Sponsors:  Senate Committee on Human Services & Corrections (originally sponsored by Senators Costa, Zarelli, Hargrove and Long).

                    Brief Summary of Bill

CAllows the juvenile diversion unit to, upon the request of the victim or witness, prohibit the juvenile from contacting the victim or witness of the alleged offense.

CAllows the court to impose community supervision that exceeds conditions allowed in diversions when the juvenile has declined to enter into a diversion agreement.

HOUSE COMMITTEE ON JUDICIARY

Staff:  Trudes Hutcheson (786-7384).

Background:

Diversion is a disposition alternative for certain juveniles in which a juvenile agrees to fulfill certain conditions in lieu of formal prosecution.  The conditions in a diversion agreement are limited to one or more of the following:

Ccommunity service up to 150 hours;

Crestitution limited to the amount of actual loss incurred by the victim;

Cattendance at up to 10 hours of counseling and/or up to 20 hours of educational or informational sessions at a community agency (the sessions may be related to respect, victim awareness, accountability, responsibility, work ethics, literacy, life skills, and other subjects);

Ca fine, not to exceed $100; and

Crequirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

A diversion agreement may not exceed a period of six months.  The period may be extended for the purposes of paying restitution.

When a juvenile is found to have committed an offense for which the juvenile refused to enter into a diversion agreement, the court must impose a term of community supervision limited to the conditions allowed in a diversion agreement.

A juvenile is not eligible for diversion if:

Cthe offense is almost any felony offense;

Cthe juvenile has previously been committed to the Juvenile Rehabilitation Administration;

Cthe juvenile has been diverted at least two times before;

Cthe juvenile is alleged to have been armed with a firearm during the offense;

Cthe juvenile desires prosecution or is referred for prosecution by a diversion unit.

Summary of Bill:

A new condition is added to the list of conditions a court may impose on a juvenile under a diversion agreement.  Upon request from the victim or witness of the offense, the diversion unit may require that the juvenile not contact the victim or witness. 

When a juvenile declines to enter into a diversion agreement, the court may impose terms of community supervision that exceed conditions allowed in a diversion agreement.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

                 Office of Program Research