AN
ACT Relating to the chemical dependency disposition alternative; and amending
RCW 13.40.165.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.165 and 2001 c 164 s 1 are each amended to read as follows:
(1)
The purpose of this disposition alternative is to ensure that successful
treatment options to reduce recidivism are available to eligible youth,
pursuant to RCW 70.96A.520. The court must consider eligibility for the
chemical dependency disposition alternative 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, other than a first time
B+ offense under chapter 69.50 RCW. 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 or substance abusing, 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 or substance abusing. The offender shall pay the cost of any
examination ordered under this subsection 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.
(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 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; and
(e)
Recommended crime-related prohibitions.
(4)
The court on its own motion may order, or on a motion by the state or the
respondent shall order, a second examination. The evaluator shall be selected
by the party making the motion. The requesting party shall pay the cost of any
examination ordered under this subsection unless the requesting party is the
offender and 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,
or if the court concludes, and enters reasons for its conclusion, that such
disposition would effectuate a manifest injustice, the court shall impose a
disposition above the standard range as indicated in option C of RCW 13.40.0357
if the disposition is an increase from the standard range and the confinement
of the offender does not exceed a maximum of fifty-two weeks, 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, 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 impose sanctions pursuant to RCW 13.40.200 or 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.
