AN
ACT Relating to the extension of juvenile court jurisdiction to enforce a
penalty assessment; amending RCW 13.40.300 and 7.68.035; adding a new section
to chapter 13.40 RCW; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. 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 a penalty assessment for an
additional ten years.
Sec.
2. 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.
Sec.
3. RCW
7.68.035 and 1999 c 86 s 1 are each amended to read as follows:
(1)(a)
((Whenever)) When any person is found guilty in any superior
court of having committed a crime, except as provided in subsection (2) of this
section, there shall be imposed by the court upon such convicted person a
penalty assessment. The assessment shall be in addition to any other penalty
or fine imposed by law and shall be five hundred dollars for each case or cause
of action that includes one or more convictions of a felony or gross
misdemeanor and two hundred fifty dollars for any case or cause of action that
includes convictions of only one or more misdemeanors.
(b)
((Whenever)) When any juvenile is adjudicated of any offense in
any juvenile offense disposition under Title 13 RCW, except as provided in
subsection (2) of this section, there shall be imposed upon the juvenile
offender a penalty assessment. The assessment shall be in addition to any
other penalty or fine imposed by law and shall be one hundred dollars for each
case or cause of action that includes one or more adjudications for a felony or
gross misdemeanor and seventy-five dollars for each case or cause of action
that includes adjudications of only one or more misdemeanors.
(2)
The assessment imposed by subsection (1) of this section shall not apply to
motor vehicle crimes defined in Title 46 RCW except those defined in the
following sections: RCW 46.61.520, 46.61.522, 46.61.024, 46.52.090, 46.70.140,
46.61.502, 46.61.504, 46.52.101, 46.20.410, 46.52.020, 46.10.130, 46.09.130,
46.61.5249, 46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010,
46.44.180, 46.10.090(2), and 46.09.120(2).
(3)
((Whenever)) When any person accused of having committed a crime
posts bail in superior court pursuant to the provisions of chapter 10.19 RCW
and such bail is forfeited, there shall be deducted from the proceeds of such
forfeited bail a penalty assessment, in addition to any other penalty or fine
imposed by law, equal to the assessment which would be applicable under
subsection (1) of this section if the person had been convicted of the crime.
(4)
Such penalty assessments shall be paid by the clerk of the superior court to
the county treasurer who shall monthly transmit the money as provided in RCW
10.82.070. Each county shall deposit fifty percent of the money it receives
per case or cause of action under subsection (1) of this section and retains
under RCW 10.82.070, not less than one and seventy-five one-hundredths percent
of the remaining money it retains under RCW 10.82.070 and the money it retains
under chapter 3.62 RCW, and all money it receives under subsection (7) of this
section into a fund maintained exclusively for the support of comprehensive
programs to encourage and facilitate testimony by the victims of crimes and
witnesses to crimes. A program shall be considered "comprehensive"
only after approval of the department upon application by the county prosecuting
attorney. The department shall approve as comprehensive only programs which:
(a)
Provide comprehensive services to victims and witnesses of all types of crime
with particular emphasis on serious crimes against persons and property. It is
the intent of the legislature to make funds available only to programs which do
not restrict services to victims or witnesses of a particular type or types of
crime and that such funds supplement, not supplant, existing local funding
levels;
(b)
Are administered by the county prosecuting attorney either directly through the
prosecuting attorney's office or by contract between the county and agencies
providing services to victims of crime;
(c)
Make a reasonable effort to inform the known victim or his surviving dependents
of the existence of this chapter and the procedure for making application for
benefits;
(d)
Assist victims in the restitution and adjudication process; and
(e)
Assist victims of violent crimes in the preparation and presentation of their
claims to the department of labor and industries under this chapter.
Before
a program in any county west of the Cascade mountains is submitted to the
department for approval, it shall be submitted for review and comment to each
city within the county with a population of more than one hundred fifty
thousand. The department will consider if the county's proposed comprehensive
plan meets the needs of crime victims in cases adjudicated in municipal,
district or superior courts and of crime victims located within the city and
county.
(5)
Upon submission to the department of a letter of intent to adopt a
comprehensive program, the prosecuting attorney shall retain the money
deposited by the county under subsection (4) of this section until such time as
the county prosecuting attorney has obtained approval of a program from the
department. Approval of the comprehensive plan by the department must be
obtained within one year of the date of the letter of intent to adopt a
comprehensive program. The county prosecuting attorney shall not make any
expenditures from the money deposited under subsection (4) of this section
until approval of a comprehensive plan by the department. If a county
prosecuting attorney has failed to obtain approval of a program from the
department under subsection (4) of this section or failed to obtain approval of
a comprehensive program within one year after submission of a letter of intent
under this section, the county treasurer shall monthly transmit one hundred
percent of the money deposited by the county under subsection (4) of this
section to the state treasurer for deposit in the public safety and education
account established under RCW 43.08.250.
(6)
County prosecuting attorneys are responsible to make every reasonable effort to
insure that the penalty assessments of this chapter are imposed and collected.
(7)
Every city and town shall transmit monthly one and seventy-five one-hundredths
percent of all money, other than money received for parking infractions,
retained under RCW 3.46.120, 3.50.100, and 35.20.220 to the county treasurer
for deposit as provided in subsection (4) of this section.
NEW
SECTION. Sec. 4. 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 immediately.
