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The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357 and this section.
When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2)through (5) of this section. The disposition may be comprised of one or more local sanctions.
When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding 30 days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2)through (5) of this section for the following offenses:
Murder in the first degree committed at any age;
Murder in the second degree committed at any age;
Rape in the first degree committed at any age;
Assault in the first degree committed when the juvenile was age 16 or older;
Drive-by shooting committed when the juvenile was age 16 or older; and
Kidnapping in the first degree committed when the juvenile was age 16 or older.
Except for offenses listed in (b) of this subsection, before the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding 30 days, the court shall make an independent finding, supported by clear and convincing evidence, that commitment to an institution is needed because a community-based placement would not adequately protect the community. A stipulation by the parties alone is not sufficient to support an independent finding that commitment to an institution is needed under this subsection. Commitment of a juvenile to confinement over 30 days must be to the department for the standard range of confinement, except as provided in this subsection and subsections (2) through (5) of this section.
In making a finding under (c) of this subsection, the court shall consider the following factors:
The severity of the offense or offenses for which the juvenile has most recently been adjudicated, including the juvenile's role in the offense, the juvenile's behavior, and harm done to victims;
The juvenile's criminal history, including the adequacy and success of previous attempts by the juvenile court to rehabilitate the juvenile;
Whether the programming, treatment, and education offered and provided in a juvenile rehabilitation facility is appropriate to meet the treatment and security needs of the juvenile;
Whether the goals of rehabilitation and community safety can be met by assigning the juvenile to a less restrictive disposition that is available to the court; and
The juvenile's age, developmental maturity, mental and emotional health, sexual orientation, gender identity and expression, and any disabilities or special needs impacting the safety or suitability of committing the juvenile to a term of confinement in juvenile court.
If the court does not make a finding under (c) of this subsection that commitment to an institution is needed, the court may place the juvenile on electronic monitoring for up to the minimum of the juvenile's standard range while on community supervision.
If the court does make a finding under (c) of this subsection that commitment to an institution is needed, the court must maintain concurrent jurisdiction over the juvenile, along with the department, and must hold review hearings as described under RCW 13.40.185(3).
If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate, subject to the review hearings in RCW 13.40.185(3) when appropriate, 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(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition with a term of confinement that is 30 days or less is not appealable under RCW 13.40.230. A disposition within the standard range for the offenses in subsection (1)(b) of this section is not appealable under RCW 13.40.230, but other dispositions with a term of confinement of more than 30 days are appealable under RCW 13.40.230.
If a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court may impose the special sex offender disposition alternative under RCW 13.40.162.
The court may impose the disposition alternative under RCW 13.40.165 unless a juvenile has been adjudicated of one of the following offenses:
An offense categorized as an A+ offense under RCW 13.40.0357;
A sex offense as defined in RCW 9.94A.030;
Assault in the first degree committed when the juvenile was age 16 or older;
Drive-by shooting committed when the juvenile was age 16 or older; or
Kidnapping in the first degree committed when the juvenile was age 16 or older.
5.
RCW 13.40.193, RCW 13.40.185, and this section shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(2)(a)(v) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
RCW 13.40.308 shall govern the disposition of any juvenile adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, possession of a stolen motor vehicle as defined under RCW 9A.56.068, taking a motor vehicle without permission in the first degree under RCW 9A.56.070, and taking a motor vehicle without permission in the second degree under RCW 9A.56.075.
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, and the credit must be applied to any term of confinement for a juvenile, including to reduce both the minimum and maximum terms of the prescribed range to which the juvenile has been committed.
Except as provided under subsections (3)through (5) of this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.
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.
(1) A juvenile offender is eligible for the special sex offender disposition alternative when:
The purpose of this disposition alternative is to ensure that successful treatment options to reduce recidivism are available to eligible youth, pursuant to RCW 71.24.615. It is also the purpose of the disposition alternative to assure that minors in need of substance use disorder, mental health, and/or co-occurring disorder treatment receive an appropriate continuum of culturally relevant care and treatment, including prevention and early intervention, self-directed care, parent-directed care, and residential treatment. To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide these services to minors shall jointly plan and deliver these services. It is also the purpose of the disposition alternative to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs and in accordance with sound professional judgment. The mental health, substance abuse, and co-occurring disorder treatment providers shall, to the extent possible, offer services that involve minors' parents, guardians, and family.
The court must consider eligibility for the substance use disorder or mental health disposition alternative when a juvenile offender is subject to a standard range disposition and has not committed an A+ offense. 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, substance abusing, or has significant mental health or co-occurring disorders may order an examination by a substance use disorder counselor from a substance use disorder treatment facility approved under chapter 70.96A RCW or a mental health professional as defined in chapter 71.34 RCW to determine if the youth is chemically dependent, substance abusing, or suffers from significant mental health or co-occurring disorders. The state shall pay the cost of any examination ordered under this subsection unless third-party insurance coverage is available.
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, mental health diagnoses, 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.
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:
Whether inpatient and/or outpatient treatment is recommended;
Availability of appropriate treatment;
Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
Anticipated length of treatment; and
Recommended crime-related prohibitions.
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, in which case the state shall pay the cost if no third-party insurance coverage is available.
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After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.
If the court determines that this 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 D 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 52 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, mental health, or co-occurring disorder treatment and/or inpatient mental health or drug/alcohol treatment. The court shall only order inpatient treatment under this section if a funded bed is available. If the inpatient treatment is longer than 90 days, the court shall hold a review hearing every 30 days beyond the initial 90 days. The respondent may appear telephonically at these review hearings if in compliance with treatment. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to 30 days of confinement, 150 hours of community restitution, and payment of restitution.
The mental health/co-occurring disorder/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, if the court makes a finding under RCW 13.40.160(1)(c), 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, and the credit must be applied to any term of confinement for a juvenile, including to reduce both the minimum and maximum terms of the prescribed range to which the juvenile has been committed.
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. "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.
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, and the credit must be applied to any term of confinement for a juvenile, including to reduce both the minimum and maximum terms of the prescribed range to which the juvenile has been committed.
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.
A disposition under this section is not appealable under RCW 13.40.230.
Subject to funds appropriated for this specific purpose, the costs incurred by the juvenile courts for the mental health, substance use disorder, and/or co-occurring disorder evaluations, treatment, and costs of supervision required under this section shall be paid by the health care authority.
A juvenile, or the parent, guardian, or other person having custody of the juvenile shall not be required to pay the cost of any evaluation or treatment ordered under this section.
Except as provided under RCW 13.40.160(1)(e), any term of confinement imposed for an offense which exceeds 30 days shall be served under the supervision of the department, although the juvenile court maintains concurrent jurisdiction over the case. If the period of confinement imposed for more than one offense exceeds 30 days but the term imposed for each offense is less than 30 days or if the court orders electronic monitoring up to the minimum of the standard range under RCW 13.40.160(1)(e), the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.
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Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility. The juvenile court administrator and the secretary or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed. The counties may operate a variety of detention facilities as determined by the county legislative authority subject to available funds.
For juveniles whose minimum prescribed range of confinement would result in less than 60 days of confinement in an institution, accounting for the juvenile's credit for time served, the juvenile may be confined to a detention facility for up to 10 days after the disposition hearing for the department to determine the juvenile's release date. If the department determines that a juvenile's release date would occur in less than 60 days, the remaining confinement may be served in a detention facility or on electronic home monitoring pursuant to a department contract with the county.
Excluding the offenses listed in RCW 13.40.160(1)(b), the juvenile court maintains concurrent jurisdiction over a juvenile who is committed to the department and shall schedule review hearings every six months that the juvenile is in the custody of a juvenile rehabilitation facility to assess the youth's progress.
The department shall provide a report to the juvenile court at least 14 days before each review hearing detailing:
The services received by the juvenile;
Any infractions committed by the juvenile;
How often the juvenile and the juvenile's family have had in-person visitation and video visits since the disposition hearing or the last review hearing, whichever is later; and
How often the juvenile has been under room confinement due to staffing issues or overpopulation and whether there have been any major disruptions to programming in the last six months.
During each review hearing the court shall consider the juvenile's progress and shall release the juvenile from the custody of the department and place the juvenile on up to a year of community supervision, unless:
The juvenile will be placed on mandatory parole; or
The court makes a finding under RCW 13.40.160(1)(c).
The prosecutor shall provide notice to the victim at least two weeks before each review hearing described under subsection (3) of this section, if the victim requests such notice be provided.
The respondent may appear remotely for the hearing described under subsection (3) of this section upon agreement of the respondent.
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 (9A.48.090)
E
E
Tampering with Fire Alarm Apparatus (9.40.100)
E
E
Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105)
E
A
Possession of Incendiary Device (9.40.120)
B+
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
B+
Drive-By Shooting (9A.36.045) committed at age 15 or under
C+
A++
Drive-By Shooting (9A.36.045) committed at age 16 or 17
A
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+
B+
Burglary 1 (9A.52.020) committed at
age 15 or under
C+
A-
Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
B
Residential Burglary (9A.52.025)
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
C
Mineral Trespass (78.44.330)
C
C
Vehicle Prowling 1 (9A.52.095)
D
D
Vehicle Prowling 2 (9A.52.100)
E
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(2)(a))
D+
E
Possession of Legend
Drug (69.41.030(2)(b))
E
B+
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))
B+
C
Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c))
C
E
Possession of Cannabis <40 grams (69.50.4014)
E
C
Fraudulently Obtaining Controlled Substance (69.50.403)
C
C+
Sale of Controlled Substance for Profit (69.50.410)
C+
E
Unlawful Inhalation (9.47A.020)
E
B
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b))
B
C
Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e))
C
E
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013)
E
C
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012)
C
B
Theft of Firearm (9A.56.300)
C
B
Possession of Stolen Firearm
(9A.56.310)
C
E
Carrying Loaded Pistol Without Permit (9.41.050)
E
C
Possession of Firearms by Minor (<18) (9.41.040(2)(a) (v))
C
D+
Possession of Dangerous Weapon (9.41.250)
E
D
Intimidating Another Person by use of Weapon (9.41.270)
E
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+
A
Kidnap 1 (9A.40.020)
B+
B+
Kidnap 2 (9A.40.030)
C+
C+
Unlawful Imprisonment (9A.40.040)
D+
D
Obstructing a Law Enforcement Officer (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+
C+
Criminal Mischief with Weapon (9A.84.010(2)(b))
D+
D+
Criminal Mischief Without Weapon (9A.84.010(2)(a))
E
E
Failure to Disperse (9A.84.020)
E
E
Disorderly Conduct (9A.84.030)
E
A
Rape 1 (9A.44.040)
B+
B++
Rape 2 (9A.44.050) committed at age 14 or under
B+
A-
Rape 2 (9A.44.050) committed at age 15 through age 17
B+
C+
Rape 3 (9A.44.060)
D+
B++
Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
A-
Rape of a Child 1 (9A.44.073)
committed at age 15
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+
Indecent Exposure (Victim <14) (9A.88.010)
E
E
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) committed at age 14 or under
B+
A-
Child Molestation 1 (9A.44.083) committed at age 15 through age 17
B+
B
Child Molestation 2 (9A.44.086)
C+
C
Failure to Register as a Sex Offender (9A.44.132)
D
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 1 and 2 (9A.56.080 and 9A.56.083)
C
C
Forgery (9A.60.020)
D
A
Robbery 1 (9A.56.200) committed at
age 15 or under
B+
A++
Robbery 1 (9A.56.200) committed at
age 16 or 17
A
B+
Robbery 2 (9A.56.210)
C+
B+
Extortion 1 (9A.56.120)
C+
C+
Extortion 2 (9A.56.130)
D+
C
Identity Theft 1 (9.35.020(2))
D
D
Identity Theft 2 (9.35.020(3))
E
D
Improperly Obtaining Financial Information (9.35.010)
E
B
Possession of a Stolen Vehicle (9A.56.068)
C
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
B
Taking Motor Vehicle Without Permission 1 (9A.56.070)
C
C
Taking Motor Vehicle Without Permission 2 (9A.56.075)
D
B
Theft of a Motor Vehicle (9A.56.065)
C
E
Driving Without a License (46.20.005)
E
B+
Hit and Run - Death (46.52.020(4)(a))
C+
C
Hit and Run - Injury (46.52.020(4)(b))
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 (46.61.502 and 46.61.504)
E
B+
Felony Driving While Under the Influence (46.61.502(6))
B
B+
Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6))
B
B
Animal Cruelty 1 (16.52.205)
C
B
Bomb Threat (9.61.160)
C
C
Escape 1(9A.76.110)
C
C
Escape 2(9A.76.120)
C
D
Escape 3 (9A.76.130)
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)
V
Escape 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 - 28 days 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
If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, or D.
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
129 to 260 weeks for all category A++ offenses
A+
180 weeks to age 21 for all category A+ offenses
A
103-129 weeks for all category A offenses
A-
30-40 weeks
52-65 weeks
80-100 weeks
103-129 weeks
103-129 weeks
15-36 weeks
52-65 weeks
80-100 weeks
103-129 weeks
103-129 weeks
CURRENT
B+
15-36 weeks
15-36 weeks
52-65 weeks
80-100 weeks
103-129 weeks
OFFENSE
B
LS
LS
15-36 weeks
15-36 weeks
52-65 weeks
CATEGORY
C+
LS
LS
LS
15-36 weeks
15-36 weeks
C
LS
LS
LS
LS
15-36 weeks
D+
LS
LS
LS
LS
LS
D
LS
LS
LS
LS
LS
E
LS
LS
LS
LS
LS
PRIOR
0
1
2
3
4 or more
ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of confinement. "LS" means "local sanctions" as defined in RCW 13.40.020.
The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range based on a finding under RCW 13.40.160(1)(c) and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be either research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidence-based or research-based best practice programs. For the purposes of this subsection:
"Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population; and
"Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
An offender is ineligible for the suspended disposition option under this section if the offender is adjudicated of:
b.
Assault in the first degree committed when the juvenile was age 16 or older;
c. Drive-by shooting committed when the juvenile was age 16 or older;
d. Kidnapping in the first degree committed when the juvenile was age 16 or older; or
e. A sex offense as defined in RCW 9.94A.030
.
Unless a juvenile has been adjudicated of an A+ offense, assault in the first degree committed when the juvenile was age 16 or older, drive-by shooting committed when the juvenile was age 16 or older, kidnapping in the first degree committed when the juvenile was age 16 or older, or a sex offense as defined in RCW 9.94A.030, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165. The court may revoke this disposition alternative only if the court makes a finding under RCW 13.40.160(1)(c).
If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).
the department has conducted a risk assessment, including a determination of drug and alcohol abuse, and the results indicate the juvenile will pose not more than a minimum risk to public safety
.
The risk assessment must include consideration of all prior convictions and all available nonconviction data released upon request under RCW 10.97.050, and any serious infractions or serious violations while under the jurisdiction of the secretary or the courts.
2.
A juvenile offender shall not be placed in a community facility until the department's risk assessment and security classification is complete .
The secretary shall set a release date for each juvenile committed to its custody and prioritize setting the release date as soon as possible for juveniles who would serve less than 60 days under the supervision of the department. The release date shall be within the prescribed range, after accounting for the credit that must be applied to both the minimum and maximum terms of the prescribed range to which a juvenile has been committed under RCW 13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed, after accounting for the credit that must be applied to both the minimum and maximum terms of the prescribed range. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter. Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.
The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.
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Following the release of any juvenile under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for a sex offense as defined under RCW 9.94A.030 the period of parole shall be twenty-four months and, in the discretion of the secretary, may be up to thirty-six months when the secretary finds that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile. A parole program is mandatory for offenders released under subsection (2) of this section and for offenders who receive a juvenile residential commitment sentence for theft of a motor vehicle, possession of a stolen motor vehicle, or taking a motor vehicle without permission 1. A juvenile adjudicated for unlawful possession of a firearm, possession of a stolen firearm, theft of a firearm, or drive-by shooting may participate in aggression replacement training, functional family therapy, or functional family parole aftercare if the juvenile meets eligibility requirements for these services. The decision to place an offender in an evidence-based parole program shall be based on an assessment by the department of the offender's risk for reoffending upon release and an assessment of the ongoing treatment needs of the juvenile. The department shall prioritize available parole resources to provide supervision and services to offenders at moderate to high risk for reoffending.
The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon, and refrain from committing new offenses or violating any orders issued by the juvenile court pursuant to chapter 7.105 RCW, and may require the juvenile to: (i) Undergo available medical, psychiatric, drug and alcohol, sex offender, mental health, and other offense-related treatment services; (ii) report as directed to a parole officer and/or designee; (iii) pursue a course of study, vocational training, or employment; (iv) notify the parole officer of the current address where he or she resides; (v) be present at a particular address during specified hours; (vi) remain within prescribed geographical boundaries; (vii) submit to electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer; (ix) refrain from contact with specific individuals or a specified class of individuals; (x) meet other conditions determined by the parole officer to further enhance the juvenile's reintegration into the community; (xi) pay any court-ordered fines or restitution; and (xii) perform community restitution. Community restitution for the purpose of this section means compulsory service, without compensation, performed for the benefit of the community by the offender. Community restitution may be performed through public or private organizations or through work crews.
The secretary may further require up to twenty-five percent of the highest risk juvenile offenders who are placed on parole to participate in an intensive supervision program. Offenders participating in an intensive supervision program shall be required to comply with all terms and conditions listed in (b) of this subsection and shall also be required to comply with the following additional terms and conditions: (i) Obey all laws and refrain from any conduct that threatens public safety; (ii) report at least once a week to an assigned community case manager; and (iii) meet all other requirements imposed by the community case manager related to participating in the intensive supervision program. As a part of the intensive supervision program, the secretary may require day reporting.
After termination of the parole period, the juvenile shall be discharged from the department's supervision.
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The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) and (vi) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; (v) the secretary may order any of the conditions or may return the offender to confinement for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030; and (vi) the secretary may order any of the conditions or may return the offender to confinement for the remainder of the sentence range if the youth has completed the basic training camp program as described in RCW 13.40.320.
The secretary may modify parole and order any of the conditions or may return the offender to confinement for up to twenty-four weeks if the offender was sentenced for a sex offense as defined under RCW 9A.44.128 and is known to have violated the terms of parole. Confinement beyond thirty days is intended to only be used for a small and limited number of sex offenders. It shall only be used when other graduated sanctions or interventions have not been effective or the behavior is so egregious it warrants the use of the higher level intervention and the violation: (i) Is a known pattern of behavior consistent with a previous sex offense that puts the youth at high risk for reoffending sexually; (ii) consists of sexual behavior that is determined to be predatory as defined in RCW 71.09.020; or (iii) requires a review under chapter 71.09 RCW, due to a recent overt act. The total number of days of confinement for violations of parole conditions during the parole period shall not exceed the number of days provided by the maximum sentence imposed by the disposition for the underlying offense pursuant to RCW 13.40.0357. The department shall not aggregate multiple parole violations that occur prior to the parole revocation hearing and impose consecutive twenty-four week periods of confinement for each parole violation. The department is authorized to engage in rule making pursuant to chapter 34.05 RCW, to implement this subsection, including narrowly defining the behaviors that could lead to this higher level intervention.
If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.
A parole officer of the department of children, youth, and families shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.
If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.
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Except as provided in subsection (2) of this section, at the earliest practicable date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility or community transition services program, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a serious violent offense, a sex offense, or stalking, to the following:
The chief of police of the city, if any, in which the juvenile will reside; and
The sheriff of the county in which the juvenile will reside.
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ii.
As used in this subsection, "designated recipient" means: (A) The superintendent of the school district, or his or her designee, of a common school as defined in RCW 28A.150.020 or a school that is the subject of a state-tribal education compact under chapter 28A.715 RCW; (B) the administrator of a charter public school governed by chapter 28A.710 RCW; or (C) the administrator of a private school approved under chapter 28A.195 RCW.
c. The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:
i. The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;
ii. Any witnesses who testified against the juvenile in any court proceedings involving the offense; and
iii. Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the juvenile. The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.
d. The thirty-day notice requirements contained in this subsection shall not apply to emergency medical furloughs.
e. The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.
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If a juvenile found to have committed a violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest. If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide. If the juvenile is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
The secretary may authorize a leave, for a juvenile found to have committed a violent offense, a sex offense, or stalking, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave. If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.
In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).
If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
The secretary shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
Upon discharge, parole, transfer to a community residential facility, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public or approved private elementary, middle, or high school that is attended by a victim or a sibling of a victim of the sex offender. The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district.
For purposes of this section the following terms have the following meanings:
"Violent offense" means a violent offense under RCW 9.94A.030;
"Sex offense" means a sex offense under RCW 9.94A.030;
"Stalking" means the crime of stalking as defined in RCW 9A.46.110;
"Next of kin" means a person's spouse, parents, siblings, and children.
An appeal under this section shall be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument. The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.
To uphold a disposition outside the standard range, the court of appeals must find: (a) That the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range would constitute a manifest injustice; and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.
If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range.
If the court finds subsection (2)(a) of this section but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.
To uphold a finding under RCW 13.40.160(1)(c), the court of appeals must find: (a) That the reasons supplied by the disposition judge are supported by the record which was before the judge; and (b) that those reasons clearly and convincingly support the conclusion that commitment to juvenile rehabilitation is needed because a community-based placement would not adequately protect the community.
The disposition court may impose conditions on release pending appeal as provided in RCW 13.40.040(5) and 13.40.050(6).
Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.
If a respondent is adjudicated of taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:
Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision, forty‑five hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined to a private residence for no less than five days. The juvenile may be subject to electronic monitoring where available. If the juvenile is enrolled in school, the confinement shall be served on nonschool days;
Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes six months of community supervision, no less than ten days of detention, and ninety hours of community restitution; and
Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration if the court makes the required finding under RCW 13.40.160(1)(c), four months of parole supervision, and ninety hours of community restitution. A commitment to the juvenile rehabilitation administration under this subsection is subject to the review hearings established under RCW 13.40.185(3).
If a respondent is adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen vehicle as defined under RCW 9A.56.068, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:
Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision and either ninety hours of community restitution or a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than five days, or a combination thereof that includes a minimum of three days home confinement and a minimum of forty hours of community restitution. The juvenile may be subject to electronic monitoring where available;
Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than six months of community supervision, no less than ten days of detention, and ninety hours of community restitution; and
Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration if the court makes the required finding under RCW 13.40.160(1)(c), four months of parole supervision, and ninety hours of community restitution. A commitment to the juvenile rehabilitation administration under this subsection is subject to the review hearings established under RCW 13.40.185(3).
If a respondent is adjudicated of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, the court shall impose a standard range as follows:
Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes three months of community supervision, fifteen hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than one day. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available;
Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision, thirty hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than two days. If the juvenile is enrolled in school, any confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available; and
Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than six months of community supervision, forty‑five hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than seven days. If the juvenile is enrolled in school, any confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available.
A person in the custody of the department of children, youth, and families under RCW 72.01.410 is eligible for community transition services under the authority and supervision of the department of children, youth, and families:
After the person's 25th birthday:
If the person's earned release date is after the person's 25th birthday but on or before the person's 26th birthday; and
The department of children, youth, and families determines that placement in community transition services is in the best interests of the person and the community; or
After 60 percent of their term of confinement has been served, and no less than 15 weeks of total confinement served including time spent in detention prior to sentencing or the entry of a dispositional order if:
The person has an earned release date that is before their 26th birthday; and
The department of children, youth, and families determines that such placement and retention by the department of children, youth, and families is in the best interests of the person and the community.
"Term of confinement" as used in subsection (1)(b) of this section means the term of confinement ordered, reduced by the total amount of earned time eligible for the offense.
The department's determination under subsection (1)(a)(ii) and (b)(ii) of this section must include consideration of the person's behavior while in confinement and any disciplinary considerations.
The department of children, youth, and families retains the authority to transfer the person to the custody of the department of corrections under RCW 72.01.410.
A person may only be placed in community transition services under this section for the remaining 18 months of their term of confinement.
A person placed in community transition services under this section must have access to appropriate treatment and programming as determined by the department of children, youth, and families, including but not limited to:
Behavioral health treatment;
Independent living;
Employment;
Education;
Connections to family and natural supports; and
Community connections.
If the person has a sentence that includes a term of community custody, this term of community custody must begin after the current term of confinement has ended.
If a person placed on community transition services under this section commits a violation requiring the return of the person to total confinement after the person's 25th birthday, the person must be transferred to the custody and supervision of the department of corrections for the remainder of the sentence.
The following persons are not eligible for community transition services under this section:
Persons with pending charges or warrants, except those who are charged with an offense that allegedly occurred at a juvenile rehabilitation institution;
Persons who will be transferred to the department of corrections, who are in the custody of the department of corrections, or who are under the supervision of the department of corrections;
Persons who were adjudicated or convicted of the crime of murder in the first or second degree;
Persons who meet the definition of a "persistent offender" as defined under RCW 9.94A.030;
Level III sex offenders; and
Persons requiring out-of-state placement.
As used in this section, "community transition services" means a therapeutic and supportive community-based custody option in which:
A person serves a portion of his or her term of confinement residing in the community, outside of the department of children, youth, and families institutions and community facilities;
The department of children, youth, and families supervises the person in part through the use of technology that is capable of determining or identifying the monitored person's presence or absence at a particular location;
The department of children, youth, and families provides access to developmentally appropriate, trauma-informed, racial equity-based, and culturally relevant programs to promote successful reentry; and
The department of children, youth, and families prioritizes the delivery of available programming from individuals who share characteristics with the individual being served related to: Race; ethnicity; sexual identity; and gender identity.