S-3307.2 _______________________________________________
SENATE BILL 6244
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State of Washington 56th Legislature 2000 Regular Session
By Senators Costa, McCaslin, Kline, Long, Prentice, Zarelli, Fairley, Gardner, Thibaudeau, Heavey, Goings, Kohl‑Welles, McAuliffe and Winsley
Read first time 01/12/2000. Referred to Committee on Human Services & Corrections.
AN ACT Relating to the extension of juvenile court jurisdiction to enforce a penalty assessment; amending RCW 13.40.300; adding a new section to chapter 13.40 RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that when a juvenile is ordered to pay a penalty assessment as part of the disposition of his or her case, the juvenile should be held to that obligation past his or her eighteenth birthday if he or she has not yet paid the assessment by the time court jurisdiction ends. The intent of this act is to clarify the holding in State v. Y.I., 94 Wn. App. 919 (1999), that juveniles be required to satisfy penalty assessments, and juvenile court jurisdiction is extended to accomplish this.
NEW SECTION. Sec. 2. A new section is added to chapter 13.40 RCW to read as follows:
If a respondent is ordered to pay a penalty assessment pursuant to a dispositional order entered under this chapter, he or she shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. Prior to the expiration of the ten-year period, the juvenile court may extend the judgment for the payment of restitution for an additional ten years.
Sec. 3. RCW 13.40.300 and 1994 sp.s. c 7 s 530 are each amended to read as follows:
(1) In no case may a juvenile offender be committed by the juvenile court to the department of social and health services for placement in a juvenile correctional institution beyond the juvenile offender's twenty-first birthday. A juvenile may be under the jurisdiction of the juvenile court or the authority of the department of social and health services beyond the juvenile's eighteenth birthday only if prior to the juvenile's eighteenth birthday:
(a) Proceedings are pending seeking the adjudication of a juvenile offense and the court by written order setting forth its reasons extends jurisdiction of juvenile court over the juvenile beyond his or her eighteenth birthday;
(b) The juvenile has been found guilty after a fact finding or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition; or
(c) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement of the court's order of disposition. If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthday.
(2) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's eighteenth birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons.
(3) In no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's twenty-first birthday except for the purpose of enforcing an order of restitution or penalty assessment.
(4) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older.
NEW SECTION. Sec. 4. The effective date of this act is retroactive to March 29, 1999, the date on which the decision in State v. Y.I., 94 Wn.App. 919 (1999), was rendered.
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