BP BHEAD INT S

AN ACT Relating to recommendations of the juvenile issues task force; amending RCW 13.40.020, 13.40.0357, 13.40.050, and 13.40.100; adding new sections to chapter 13.16 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 13.40.020 and 1990 1st ex.s. c 12 s 1 are each amended to read as follows:

For the purposes of this chapter:

(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

(a) A class A felony, or an attempt to commit a class A felony;

(b) Manslaughter in the first degree; or

(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;

(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

(3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses ((~~and~~)). Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(4) Community-based sanctions may include one or more of the following:

(a) A fine, not to exceed one hundred dollars;

(b) Community service not to exceed one hundred fifty hours of service;

((~~(c)~~)) (5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes;

((~~(d) Counseling; or~~

~~(e) Such other services to the extent funds are available for such services,~~)) counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; attendance at school or other educational programs appropriate for the juvenile as determined by the school district; or placement in foster care that is not used as a pretrial, postadjudication, or postdisposition detention facility. Placement in community-based rehabilitation programs is subject to available funds;

(6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions((,)) or limitations as the court may require which may not include confinement;

((~~(4)~~)) (7) "Confinement" means ((physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a facility operated by or pursuant to a contract with any county)) incarceration in a detention facility following: Arrest pending a detention hearing under RCW 13.40.050; entry of an order of detention entered pursuant to RCW 13.40.050; commitment to a county detention facility, the department, or an inpatient drug and alcohol treatment facility following imposition of option D of RCW 13.40.0357; modification of a disposition for violation of the disposition; or modification of parole for violation of parole. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

((~~(5)~~)) (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

((~~(6)~~)) (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;

((~~(7)~~)) (10) "Department" means the department of social and health services;

((~~(8)~~)) (11) "Detention facility" means a facility for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. Detention facilities may be secure, semisecure, or nonsecure, and may include group homes, foster homes, and home detention with electronic or staff monitoring. Detention foster homes and group homes may not be used for placement of juveniles who are ordered into rehabilitation placements pursuant to a community supervision disposition. "Secure detention" means lockup or staff-secure facilities. "Nonsecure detention" means residential placement in the community in a physically nonrestrictive environment under the supervision of the department of youth services or department of social and health services. "Home detention" means placement of the juvenile in the custody of the juvenile's parent, guardian, or custodian in a physically nonrestrictive environment under the supervision of the department of youth services or the department of social and health services with electronic monitoring or department staff monitoring;

(12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person or entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW ((~~13.04.040, as now or hereafter amended,~~)) 13.40.080, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;

((~~(9)~~)) (13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

((~~(10)~~)) (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court;

((~~(11)~~)) (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

((~~(12)~~)) (16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

((~~(13)~~)) (17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

((~~(14)~~)) (18) "Minor or first offender" means a person sixteen years of age or younger whose current offense(s) and criminal history fall entirely within one of the following categories:

(a) Four misdemeanors;

(b) Two misdemeanors and one gross misdemeanor;

(d) Three gross misdemeanors;

(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;

(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree.

For purposes of this definition, current violations shall be counted as misdemeanors;

((~~(15)~~)) (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

((~~(16)~~)) (20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

((~~(17)~~)) (21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

((~~(18)~~)) (22) "Secretary" means the secretary of the department of social and health services;

((~~(19)~~)) (23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

((~~(20)~~)) (24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

((~~(21)~~)) (25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

((~~(22)~~)) (26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

((~~(23)~~)) (27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration.

Sec. 2. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:

SCHEDULE A

DESCRIPTION AND OFFENSE CATEGORY

JUVENILE

JUVENILE DISPOSITION

DISPOSITION CATEGORY FOR ATTEMPT,

OFFENSE BAILJUMP, CONSPIRACY,

CATEGORY DESCRIPTION (RCW CITATION) OR SOLICITATION

.................................................................

Arson and Malicious Mischief

A Arson 1 (9A.48.020) B+

B Arson 2 (9A.48.030) C

C Reckless Burning 1 (9A.48.040) D

D Reckless Burning 2 (9A.48.050) E

B Malicious Mischief 1 (9A.48.070) C

C Malicious Mischief 2 (9A.48.080) D

D Malicious Mischief 3 (<$50 is

E class) (9A.48.090) E

E Tampering with Fire Alarm

Apparatus (9.40.100) E

A Possession of Incendiary Device

(9.40.120) B+

Assault and Other Crimes

Involving Physical Harm

A Assault 1 (9A.36.011) B+

B+ Assault 2 (9A.36.021) C+

C+ Assault 3 (9A.36.031) D+

D+ Assault 4 (9A.36.041) E

D+ Reckless Endangerment

(9A.36.050) E

C+ Promoting Suicide Attempt

(9A.36.060) D+

D+ Coercion (9A.36.070) E

C+ Custodial Assault (9A.36.100) D+

Burglary and Trespass

B+ Burglary 1 (9A.52.020) C+

B Burglary 2 (9A.52.030) C

D Burglary Tools (Possession of)

(9A.52.060) E

D Criminal Trespass 1 (9A.52.070) E

E Criminal Trespass 2 (9A.52.080) E

D Vehicle Prowling (9A.52.100) E

Drugs

E Possession/Consumption of Alcohol

(66.44.270) E

C Illegally Obtaining Legend Drug

(69.41.020) D

C+ Sale, Delivery, Possession of Legend

Drug with Intent to Sell

(69.41.030) D+

E Possession of Legend Drug

(69.41.030) E

B+ Violation of Uniform Controlled

Substances Act - Narcotic Sale

(69.50.401(a)(1)(i)) B+

C Violation of Uniform Controlled

Substances Act - Nonnarcotic Sale

(69.50.401(a)(1)(ii)) C

E Possession of Marihuana <40 grams

(69.50.401(e)) E

C Fraudulently Obtaining Controlled

Substance (69.50.403) C

C+ Sale of Controlled Substance

for Profit (69.50.410) C+

E ((~~Glue Sniffing (9.47A.050)~~)) E

Unlawful Inhalation (9.47A.020)

B Violation of Uniform Controlled

Substances Act - Narcotic

Counterfeit Substances

(69.50.401(b)(1)(i)) B

C Violation of Uniform Controlled

Substances Act - Nonnarcotic

Counterfeit Substances

(69.50.401(b)(1) (ii), (iii), (iv)) C

C Violation of Uniform Controlled

Substances Act - Possession of a

Controlled Substance

(69.50.401(d)) C

C Violation of Uniform Controlled

Substances Act - Possession of a

Controlled Substance

(69.50.401(c)) C

Firearms and Weapons

((~~C+ Committing Crime when Armed~~

~~(9.41.025) D+~~))

E Carrying Loaded Pistol Without

Permit (9.41.050) E

E Use of Firearms by Minor (<14)

(9.41.240) E

D+ Possession of Dangerous Weapon

(9.41.250) E

D Intimidating Another Person by use

of Weapon (9.41.270) E

Homicide

A+ Murder 1 (9A.32.030) A

A+ Murder 2 (9A.32.050) B+

B+ Manslaughter 1 (9A.32.060) C+

C+ Manslaughter 2 (9A.32.070) D+

B+ Vehicular Homicide (46.61.520) C+

Kidnapping

A Kidnap 1 (9A.40.020) B+

B+ Kidnap 2 (9A.40.030) C+

C+ Unlawful Imprisonment

(9A.40.040) D+

D Custodial Interference

((~~(9A.40.050)~~)) 1 (9A.40.060) E

Obstructing Governmental Operation

E Obstructing a Public Servant

(9A.76.020) E

E Resisting Arrest (9A.76.040) E

B Introducing Contraband 1

(9A.76.140) C

C Introducing Contraband 2

(9A.76.150) D

E Introducing Contraband 3

(9A.76.160) E

B+ Intimidating a Public Servant

(9A.76.180) C+

B+ Intimidating a Witness

(9A.72.110) C+

((~~E Criminal Contempt~~

~~(9.23.010) E~~))

Public Disturbance

C+ Riot with Weapon (9A.84.010) D+

D+ Riot Without Weapon

(9A.84.010) E

E Failure to Disperse (9A.84.020) E

E Disorderly Conduct (9A.84.030) E

Sex Crimes

A Rape 1 (9A.44.040) B+

A- Rape 2 (9A.44.050) B+

C+ Rape 3 (9A.44.060) D+

A- Rape of a Child 1 (9A.44.073) B+

B Rape of a Child 2 (9A.44.076) C+

B Incest 1 (9A.64.020(1)) C

C Incest 2 (9A.64.020(2)) D

D+ ((~~Public Indecency~~)) Indecent Exposure

(Victim <14) (9A.88.010) E

E ((~~Public Indecency~~)) Indecent Exposure

(Victim 14 or over) (9A.88.010) E

B+ Promoting Prostitution 1

(9A.88.070) C+

C+ Promoting Prostitution 2

(9A.88.080) D+

E O & A (Prostitution) (9A.88.030) E

B+ Indecent Liberties (9A.44.100) C+

B+ Child Molestation 1 (9A.44.083) C+

C+ Child Molestation 2 (9A.44.086) C

Theft, Robbery, Extortion, and Forgery

B Theft 1 (9A.56.030) C

C Theft 2 (9A.56.040) D

D Theft 3 (9A.56.050) E

B Theft of Livestock (9A.56.080) C

C Forgery ((~~(9A.56.020)~~)) (9A.60.020) D

A Robbery 1 (9A.56.200) B+

B+ Robbery 2 (9A.56.210) C+

B+ Extortion 1 (9A.56.120) C+

C+ Extortion 2 (9A.56.130) D+

B Possession of Stolen Property 1

(9A.56.150) C

C Possession of Stolen Property 2

(9A.56.160) D

D Possession of Stolen Property 3

(9A.56.170) E

C Taking Motor Vehicle Without

Owner's Permission (9A.56.070) D

Motor Vehicle Related Crimes

E Driving Without a License

(46.20.021) E

C Hit and Run - Injury

(46.52.020(4)) D

D Hit and Run-Attended

(46.52.020(5)) E

E Hit and Run-Unattended

(46.52.010) E

C Vehicular Assault (46.61.522) D

C Attempting to Elude Pursuing

Police Vehicle (46.61.024) D

E Reckless Driving (46.61.500) E

D Driving While Under the Influence

(46.61.515) E

((~~B+ Negligent Homicide by Motor~~

~~Vehicle (46.61.520) C+~~))

D Vehicle Prowling (9A.52.100) E

C Taking Motor Vehicle Without

Owner's Permission (9A.56.070) D

Other

B Bomb Threat (9.61.160) C

C Escape 1¹ (9A.76.110) C

C Escape 2¹ (9A.76.120) C

D Escape 3 (9A.76.130) E

C Failure to Appear in Court

(10.19.130) D

((~~E Tampering with Fire Alarm~~

~~Apparatus (9.40.100) E~~))

E Obscene, Harassing, Etc.,

Phone Calls (9.61.230) E

A Other Offense Equivalent to an

Adult Class A Felony B+

B Other Offense Equivalent to an

Adult Class B Felony C

C Other Offense Equivalent to an

Adult Class C Felony D

D Other Offense Equivalent to an

Adult Gross Misdemeanor E

E Other Offense Equivalent to an

Adult Misdemeanor E

V Violation of Order of Restitution,

Community Supervision, or

Confinement (13.40.200)² V

¹Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

1st escape or attempted escape during 12-month period - 4 weeks confinement

2nd escape or attempted escape during 12-month period - 8 weeks confinement

3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

²If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

SCHEDULE B

PRIOR OFFENSE INCREASE FACTOR

For use with all CURRENT OFFENSES occurring on or after July 1, 1989.

TIME SPAN

OFFENSE 0-12 13-24 25 Months

CATEGORY Months Months or More

.................................................................

A+ .9 .9 .9

A .9 .8 .6

A- .9 .8 .5

B+ .9 .7 .4

B .9 .6 .3

C+ .6 .3 .2

C .5 .2 .2

D+ .3 .2 .1

D .2 .1 .1

E .1 .1 .1

Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).

SCHEDULE C

CURRENT OFFENSE POINTS

For use with all CURRENT OFFENSES occurring on or after July 1, 1989.

AGE

OFFENSE 12 &

CATEGORY Under 13 14 15 16 17

..............................................................

A+ STANDARD RANGE 180-224 WEEKS

A 250 300 350 375 375 375

A- 150 150 150 200 200 200

B+ 110 110 120 130 140 150

B 45 45 50 50 57 57

C+ 44 44 49 49 55 55

C 40 40 45 45 50 50

D+ 16 18 20 22 24 26

D 14 16 18 20 22 24

E 4 4 4 6 8 10

JUVENILE SENTENCING STANDARDS

SCHEDULE D-1

This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C. In addition, the court may select option D. A disposition order for a minor/first offender may not include an order of confinement except pursuant to option D.

MINOR/FIRST OFFENDER

OPTION A

STANDARD RANGE

Community

Community Service

Points Supervision Hours Fine

1-9 ((~~0-3~~)) 0-12 months and/or 0-8 and/or 0-$10

10-19 ((~~0-3~~)) 0-12 months and/or 0-8 and/or 0-$10

20-29 ((~~0-3~~)) 0-12 months and/or 0-16 and/or 0-$10

30-39 ((~~0-3~~)) 0-12 months and/or 8-24 and/or 0-$25

40-49 ((~~3-6~~)) 0-12 months and/or 16-32 and/or 0-$25

50-59 ((~~3-6~~)) 0-12 months and/or 24-40 and/or 0-$25

60-69 ((~~6-9~~)) 0-12 months and/or 32-48 and/or 0-$50

70-79 ((~~6-9~~)) 0-12 months and/or 40-55 and/or 0-$50

80-89 ((~~9-12~~)) 0-12 months and/or 48-64 and/or 10-$100

90-109 ((~~9-12~~)) 0-12 months and/or 56-72 and/or 10-$100

OPTION B

STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.

OPTION C

MANIFEST INJUSTICE

When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((~~13.40.030(5)~~)) 13.40.030(2), as now or hereafter amended, shall be used to determine the range.

AND

OPTION D

SUBSTANCE ABUSE TREATMENT

In addition to any disposition entered under option A, B, or C, following adjudication for an offense, but prior to disposition, the court may order the child to be evaluated for a substance abuse problem to determine whether inpatient or outpatient treatment for substance abuse is necessary. If the court finds that the child suffers from a substance abuse problem the court may order the child to participate in an outpatient treatment program as a condition of community supervision. If the evaluation recommends that the child be placed in inpatient treatment for a substance abuse problem, the court may order inpatient treatment if the commitment criteria are met for involuntary commitment of minors to inpatient drug and alcohol treatment pursuant to RCW 70.96A.140. The maximum period of time the court may order the offender into inpatient treatment is ninety days as a term of the disposition order for the offense. Payment for placement in inpatient treatment or participation in outpatient treatment is subject to available funds.

JUVENILE SENTENCING STANDARDS

SCHEDULE D-2

This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.

MIDDLE OFFENDER

OPTION A

STANDARD RANGE

Community

Community Service Confinement

Points Supervision Hours Fine Days Weeks

.................................................................

1-9 ((~~0-3~~)) 0-12 months and/or 0-8 and/or 0-$10 and/or 0

10-19 ((~~0-3~~)) 0-12 months and/or 0-8 and/or 0-$10 and/or 0

20-29 ((~~0-3~~)) 0-12 months and/or 0-16 and/or 0-$10 and/or 0

30-39 ((~~0-3~~)) 0-12 months and/or 8-24 and/or 0-$25 and/or ((~~2‑4~~)) 0-10

40-49 ((~~3-6~~)) 0-12 months and/or 16-32 and/or 0-$25 and/or ((~~2‑4~~)) 0-10

50-59 ((~~3-6~~)) 0-12 months and/or 24-40 and/or 0-$25 and/or ((~~5‑10~~)) 0-10

60-69 ((~~6-9~~)) 0-12 months and/or 32-48 and/or 0-$50 and/or ((~~5-10~~)) 10-20

70-79 ((~~6-9~~)) 0-12 months and/or 40-56 and/or 0-$50 and/or 10‑20

80-89 ((~~9-12~~)) 0-12 months and/or 48-64 and/or 0-$100 and/or 10‑20

90-109 ((~~9-12~~)) 0-12 months and/or 56-72 and/or 0-$100 and/or ((~~15‑30~~)) 20-30

110-129 8-12

130-149 13-16

150-199 21-28

200-249 30-40

250-299 52-65

300-374 80-100

375+ 103-129

Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks

OPTION B

STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150, as now or hereafter amended.

OPTION C

MANIFEST INJUSTICE

If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((~~13.40.030(5)~~)) 13.40.030(2), as now or hereafter amended, shall be used to determine range.

AND

OPTION D

SUBSTANCE ABUSE TREATMENT

JUVENILE SENTENCING STANDARDS

SCHEDULE D-3

This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.

SERIOUS OFFENDER

OPTION A

STANDARD RANGE

Points Institution Time

0-129 8-12 weeks

130-149 13-16 weeks

150-199 21-28 weeks

200-249 30-40 weeks

250-299 52-65 weeks

300-374 80-100 weeks

375+ 103-129 weeks

All A+

Offenses 180-224 weeks

OPTION B

MANIFEST INJUSTICE

A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((~~13.40.030(5)~~)) 13.40.030(2), as now or hereafter amended, shall be used to determine the range.

SCHEDULE E

DEADLY WEAPON DISPOSITION ENHANCEMENT

The following additional times shall be added to the determinate disposition under option A, B, or C in schedule D for middle and serious offenders if the court enters a finding that the offender or an accomplice was armed with a deadly weapon as defined in RCW 9.94A.125:

(1) 26 weeks if the offender is adjudicated for the commission of Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020);

(2) 16 weeks if the offender is adjudicated for the commission of Burglary 1 (RCW 9A.52.020);

(3) 12 weeks if the offender is adjudicated for the commission of Assault 2 (RCW 9A.36.020 or 9A.36.021), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense.

Sec. 3. RCW 13.40.050 and 1992 c 205 s 106 are each amended to read as follows:

(1) When a juvenile taken into custody is held in detention:

(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and

(b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.

(2) Upon filing an information, a community supervision modification, or termination of diversion petition as required under subsection (1)(a) of this section, the clerk of the court shall issue a summons directed to the parent, guardian, or custodian, and such other persons as appears to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed for the hearing required under subsection (1)(b) of this section. The summons shall include notice of the ((~~detention~~)) hearing, stating the time, place, and purpose of the hearing, and stating the right to counsel((~~, shall be given to the parent, guardian, or custodian if such person can be found and~~)). Such notice shall also be given to the juvenile ((~~if over twelve years of age~~)) held in detention. When the custodian is summoned, the parent or guardian or both shall also be served with a summons.

(3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.

(4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.

(5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040 as now or hereafter amended.

(6) If detention is not necessary under RCW 13.40.040, as now or hereafter amended, the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:

(a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;

(b) Place restrictions on the travel of the juvenile during the period of release;

(d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required; or

(e) Require that the juvenile return to detention during specified hours.

(7) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.

Sec. 4. RCW 13.40.100 and 1979 c 155 s 62 are each amended to read as follows:

(1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance.

(2) ((~~If notice is by summons,~~)) The clerk of the court shall also issue a summons directed to ((~~the juvenile, if the juvenile is twelve or more years of age, and another to~~)) the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.

(3) A copy of the information shall be attached to each summons.

(4) The summons shall advise the parties of the right to counsel.

(5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing.

(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050, as now or hereafter amended, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court.

(7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor.

(8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court.

Sec. 5. RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows:

(1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). The state or the respondent may make preliminary motions up to the time of the plea.

(2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set.

(3) The clerk of the court shall issue a summons directed to the parents, guardian, or custodian, and such other persons as appears to the court to be proper or necessary parties to the adjudicatory and subsequent dispositional hearings, requiring them to appear personally before the court at the time fixed for the adjudicatory and/or dispositional hearing or hearings. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.

(4) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt.

((~~(4)~~)) (5) The court shall record its findings of fact and shall enter its decision upon the record. Such findings shall set forth the evidence relied upon by the court in reaching its decision.

((~~(5)~~)) (6) If the respondent is found not guilty he or she shall be released from detention.

((~~(6)~~)) (7) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing. Notice of the time and place of the continued hearing may be given in open court. If notice is not given in open court to a party, the party shall be notified by mail of the time and place of the continued hearing.

((~~(7)~~)) (8) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case.

((~~(8)~~)) (9) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.

((~~(9)~~)) (10) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.

(11)(a) A parent, guardian, or custodian, if served with a summons under this section, shall be subject to the jurisdiction of the court. The court may order the parent, guardian, or custodian to assist the court in any reasonable manner in providing appropriate education or counseling for the child. The court may, in conjunction with the disposition hearing, conduct a hearing on whether the parent, guardian, or custodian has significantly contributed to the circumstances bringing the child within the jurisdiction of the court.

(b) If funds are available for this purpose and for implementing (d) and (e) of this subsection and if the court, after conducting the hearing under (a) of this subsection, enters findings of fact that a deficiency in parenting skills has significantly contributed to the circumstances bringing the child within the jurisdiction of the court, the court may order the parent, guardian, or custodian to participate in educational or counseling programs reasonably calculated to address the deficiencies of the parent, if it finds such participation would be consistent with the best interests of the juvenile. The court may order such participation either with the child or separately.

(c) If funds are available for this purpose and for implementing (d) and (e) of this subsection and if the court, after conducting the hearing under (a) of this subsection, enters findings of fact that the parent's, guardian's, or custodian's addiction to or habitual use of alcohol or controlled substances has significantly contributed to the circumstances bringing the child within the jurisdiction of the court, the court may order the parent, guardian, or custodian to participate in treatment and pay the costs thereof, if the court finds such participation would be consistent with the best interests of the juvenile.

(d) A dispositional order that requires a parent, guardian, or custodian to participate in educational, counseling, or treatment programs as provided in (b) and (c) of this subsection shall be in writing and shall contain appropriate findings of fact and conclusions of law. The court shall state with particularity, both orally and in the written order of the disposition, the precise terms of the disposition. Upon entering an order requiring such participation, the court shall give the parent, guardian, or custodian notice of the order. The notice shall inform the recipient of the right to request a hearing within ten days after entry of the order and the right to employ an attorney to represent the parent, guardian, or custodian at the hearing or, if the parent, guardian, or custodian is financially unable to employ an attorney, the right to request court-appointed counsel. If the parent, guardian, or custodian does not request a hearing within ten days after entry of the order, the order shall take effect at that time. If the parent, guardian, or custodian requests a hearing, the court shall set the matter for hearing and, if requested, appoint an attorney as provided by RCW 10.101.020.

(e) If the court finds that a parent, guardian, or custodian has failed to comply with a court order under this section, the court may exercise its powers of contempt in addition to any other remedy provided by law to compel obedience of the parent, guardian, or custodian to the court's order. The court shall notify the parent, guardian, or custodian of the right to counsel, as set forth in (d) of this subsection, in any proceeding to compel obedience to the court's order.

NEW SECTION. Sec. 6. (1) The counties are expressly authorized to implement and operate a youth offender discipline program to provide an intensive educational and physical training and rehabilitative program for appropriate children.

(2) A child may be placed in a youth offender discipline program if he or she is at least fourteen years of age but less than eighteen years of age at the time of adjudication and has been committed to the department as:

(a) A serious offender, as defined in RCW 13.40.020(1); or

(b) A minor or first offender, as defined in RCW 13.40.020(18).

NEW SECTION. Sec. 7. (1) Each county establishing a youth offender discipline program shall screen children sent to the program, so that only those children who have medical and psychological profiles conducive to successfully completing an intensive work, educational, and disciplinary program may be admitted to the program. A participating county shall adopt rules for screening such admissions.

(2) The program shall include educational assignments, work assignments, and physical training exercises. Children shall be required to participate in educational, vocational, and substance abuse programs.

NEW SECTION. Sec. 8. Each county establishing a youth offender discipline program shall:

(1) Provide an aftercare component for monitoring and assisting the release of program participants into the community;

(2) Adopt rules for the program and aftercare which provide for at least six months of participation in the program and aftercare for successful completion and which also provide disciplinary sanctions and restrictions on the privileges of the general population of children in the program; and

(3) Keep records and monitor criminal activity, educational progress, and employment placement of program participants after their release from the program. An outcome evaluation study shall be published no later eighteen months after the program becomes operational, which includes a comparison of criminal activity, educational progress, and employment placements of children completing the program with the criminal activity, educational progress, and employment records of children completing other types of programs.

NEW SECTION. Sec. 9. A participating county may also contract with private organizations for the operation of the youth offender discipline program and aftercare.

NEW SECTION. Sec. 10. (1) If a child in the youth offender discipline program becomes unmanageable or medically or psychologically ineligible, the participating county shall remove the child from the program.

(2) A participating county shall either establish criteria for training contract staff or provide a special training program for county personnel selected for the youth offender discipline program, which shall include appropriate methods of dealing with children who have been placed in such a stringent program.

NEW SECTION. Sec. 11. Sections 6 through 10 of this act are each added to chapter 13.16 RCW.