5296-S2 AMS CHRI S2076.1
2SSB 5296 - S AMD 185
By Senator Christian
NOT ADOPTED 03/10/2025
On page 7, after line 13, insert the following:
"(c) Before entering an order for a disposition alternative under this section, the court must also find by clear and convincing evidence that the offense was actually caused and proximately caused by the mental health disorder, substance use disorder, or co-occurring disorder of the juvenile. The mere presence of a mental health disorder, substance use disorder, or co-occurring disorder is insufficient to sustain a disposition alternative under this section. The court must enter written findings under this subsection.
(d) If the court does not make a finding under (c) of this subsection, then the court shall order the standard range for the offense unless the court concludes that such a disposition would effectuate a manifest injustice pursuant to (b) of this subsection and option D of RCW 13.40.0357."
EFFECT: Requires that before a court enter a substance use disorder or mental health disposition alternative that the court make a finding by clear and convincing evidence that the offense was actually caused and proximately caused by the mental health, chemical dependency, or co-occurring disorder of the juvenile. Requires the court to make written findings when imposing the sentence. Requires the court to impose a standard range sentence unless a disposition would effectuate a manifest injustice, if the court does not make a finding that the juvenile qualifies for a mental health or chemical dependency alternative.
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