FINAL BILL REPORT

SHB 1775

C 201 L 12

Synopsis as Enacted

Brief Description: Encouraging juvenile restorative justice programs.

Sponsors: House Committee on Early Learning & Human Services (originally sponsored by Representatives Goodman and Kagi).

House Committee on Early Learning & Human Services

Senate Committee on Human Services & Corrections

Background:

Diversions.

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 criminal complaint. The prosecutor may have discretion whether to allow the juvenile to enter into a diversion or file a criminal case for a subsequent misdemeanor or gross misdemeanor offense.

A case is diverted when the juvenile enters into an agreement with a diversion unit. The agreement may include, among other things, a requirement that the juvenile attend counseling or pay restitution. A diversion unit may be a probation counselor or any other person, a community accountability board, a youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity.

When a juvenile enters into a diversion agreement, the only information provided to the juvenile court for dispositional purposes is:

• the fact that a charge or charges were made;

• the fact that a diversion agreement was entered into;

• the juvenile's obligations under such agreement;

• whether the juvenile performed his or her obligations under such agreement; and

• the facts of the alleged offense.

Counsel and Release.

In some circumstances, the diversion unit may counsel and release the juvenile without requiring him or her to enter into a diversion agreement. A counsel and release is permitted if the diversion unit determines that there was no victim or that there was no threat of or instance of actual physical harm, that the offense did not involve more than $50 in property loss or damage, and that there is no loss outstanding to the victim.

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 becomes 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:

A juvenile offender's participation in a restorative justice program is sufficient to satisfy the requirements of a diversion agreement or counsel and release.

Votes on Final Passage: