Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Early Learning & Human Services Committee |
HB 1775
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Encouraging juvenile restorative justice programs.
Sponsors: Representatives Goodman and Kagi.
Brief Summary of Bill |
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Hearing Date: 2/11/11
Staff: Linda Merelle (786-7092).
Background:
If a juvenile is alleged to have committed a misdemeanor or gross misdemeanor, and it is his or her first violation, the prosecutor is required to "divert" the case rather than file a complaint. In some circumstances, the prosecutor has discretion whether to allow the juvenile to enter into a diversion or file the case.
A case is diverted when the juvenile enters into an agreement which may include, among other things, a requirement that the juvenile attend counseling or pay restitution. A probation counselor, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity may enter into a diversion agreement with a juvenile.
When a juvenile enters into a diversion agreement, the only information provided to the juvenile court for dispositional purposes is: (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.Counsel and Release.
Where a diversion unit determines that there was no victim or that there was no threat of or instance of actual physical harm and that the offense did not involve more than $50 in property loss or damage, and that there is no loss outstanding to the victim, it may counsel and release or release the juvenile without entering into a diversion agreement.
The diversion unit's authority to counsel and release a juvenile includes the authority to refer the juvenile to community-based counseling or treatment programs. A diversion or counsel and release is part of the juvenile's criminal history.
Restorative Justice.
Restorative justice is a set of principles and practices that involve all parties, the offender, victim, and community, to address an offender's actions.
Summary of Bill:
Participation in a restorative justice program is sufficient to satisfy the requirements of a "counsel and release."
Appropriation: None.
Fiscal Note: Requested on February 2, 2011.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.