(1) The
standard range disposition for a juvenile adjudicated of an
offense is determined according to RCW 13.40.0357.
(a) 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 subsection (2), (3), (4), (5), or (6) of this
section. The disposition may be comprised of one or more local
sanctions.
(b) 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 thirty days, commitment shall be to the
department for the standard range of confinement, except as
provided in subsection (2), (3), (4), (5), or (6) of this
section.
(2) 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 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 thirty 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 within the standard range is not
appealable under RCW 13.40.230.
(3) When 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, on its own motion or the
motion of the state or the respondent, may order an examination
to determine whether the respondent is amenable to treatment.
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 problems in addition to alleged deviant
behaviors, the respondent's social, educational, and employment
situation, and other evaluation measures used. The report shall
set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the
respondent's amenability to treatment and relative risk to the
community. A proposed treatment plan shall be provided and shall
include, at a minimum:
(a)(i) Frequency and type of contact between the offender
and therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding
living conditions, lifestyle requirements, and monitoring by
family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the
state shall order, a second examination regarding the offender's
amenability to treatment. The evaluator shall be selected by the
party making the motion. The defendant shall pay the cost of any
second examination ordered unless the court finds the defendant
to be indigent in which case the state shall pay the cost.
After receipt of reports of the examination, the court shall
then consider whether the offender and the community will benefit
from use of this special sex offender 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 special sex offender disposition alternative
is appropriate, then the court shall impose a determinate
disposition within the standard range for the offense, or if the
court concludes, and enters reasons for its conclusions, that
such disposition would cause a manifest injustice, the court
shall impose a disposition under option D, and the court may
suspend the execution of the disposition and place the offender
on community supervision for at least two years. As a condition
of the suspended disposition, the court may impose the conditions
of community supervision and other conditions, including up to
thirty days of confinement and requirements that the offender do
any one or more of the following:
(b)(i) Devote time to a specific education, employment, or
occupation;
(ii) Undergo available outpatient sex offender treatment for
up to two years, or inpatient sex offender treatment not to
exceed the standard range of confinement for that offense. A
community mental health center may not be used for such treatment
unless it has an appropriate program designed for sex offender
treatment. The respondent shall not change sex offender
treatment providers or treatment conditions without first
notifying the prosecutor, the probation counselor, and the court,
and shall not change providers without court approval after a
hearing if the prosecutor or probation counselor object to the
change;
(iii) Remain within prescribed geographical boundaries and
notify the court or the probation counselor prior to any change
in the offender's address, educational program, or employment;
(iv) Report to the prosecutor and the probation counselor
prior to any change in a sex offender treatment provider. This
change shall have prior approval by the court;
(v) Report as directed to the court and a probation
counselor;
(vi) Pay all court-ordered legal financial obligations,
perform community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any
counseling reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered
probation bond; or
(ix) The court shall order that the offender shall not
attend the public or approved private elementary, middle, or high
school attended by the victim or the victim's siblings. The
parents or legal guardians of the offender are responsible for
transportation or other costs associated with the offender's
change of school that would otherwise be paid by the school
district. The court shall send notice of the disposition and
restriction on attending the same school as the victim or
victim's siblings to the public or approved private school the
juvenile will attend, if known, or if unknown, to the approved
private schools and the public school district board of directors
of the district in which the juvenile resides or intends to
reside. This notice must be sent at the earliest possible date
but not later than ten calendar days after entry of the
disposition.
The sex offender treatment provider shall submit quarterly
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.
Except as provided in this subsection (3), after July 1,
1991, examinations and treatment ordered pursuant to this
subsection shall only be conducted by certified sex offender
treatment providers or certified affiliate sex offender treatment
providers under chapter 18.155 RCW. A sex offender therapist who
examines or treats a juvenile sex offender pursuant to this
subsection does not have to be certified by the department of
health pursuant to chapter 18.155 RCW if the court finds that:
(A) The offender has already moved to another state or plans to
move to another state for reasons other than circumventing the
certification requirements; (B) no certified sex offender
treatment providers or certified affiliate sex offender treatment
providers are available for treatment within a reasonable
geographical distance of the offender's home; and (C) the
evaluation and treatment plan comply with this subsection (3) and
the rules adopted by the department of health.
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 revoke the
suspension and order execution of the disposition or the court
may impose a penalty of up to thirty days' confinement for
violating conditions of the disposition. The court may order
both execution of the disposition and up to thirty days'
confinement for the violation of the conditions 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.
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 crime
charged. "Victim" may also include a known parent or guardian of
a victim who is a minor child unless the parent or guardian is
the perpetrator of the offense.
A disposition entered under this subsection (3) is not
appealable under RCW 13.40.230.
(4) If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement
and has not committed an A- or B+ offense, the court may impose
the disposition alternative under RCW 13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65
weeks of confinement, the court may impose the disposition
alternative under RCW 13.40.167.
(6) When the offender is subject to a standard range
commitment of 15 to 36 weeks and is ineligible for a suspended
disposition alternative, a manifest injustice disposition below
the standard range, special sex offender disposition alternative,
chemical dependency disposition alternative, or mental health
disposition alternative, the court in a county with a pilot
program under *RCW 13.40.169 may impose the disposition
alternative under *RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any
juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(2)(a)(iii) or any crime in which a special finding is
entered that the juvenile was armed with a firearm.
(8) 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.
(9) 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.
(10) Except as provided under subsection (3), (4), (5), or
(6) 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.
(11) 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.
[2007 c 199 § 14. Prior: 2004 c 120 § 4; 2004 c 38 § 11; prior: 2003 c 378 § 3; 2003 c 53 § 99; 2002 c 175 § 22; 1999 c 91 § 2; prior: 1997 c 338 § 25; 1997 c 265 § 1; 1995 c 395 § 7; 1994 sp.s. c 7 § 523; 1992 c 45 § 6; 1990 c 3 § 302; 1989 c 407 § 4; 1983 c 191 § 8; 1981 c 299 § 13; 1979 c 155 § 68; 1977 ex.s. c 291 § 70.]
NOTES:
*Reviser's note: RCW 13.40.169 expired July 1, 2005.
Findings -- Intent -- Short title -- 2007 c 199: See notes following RCW 9A.56.065.
Effective date -- 2004 c 120: See note following RCW 13.40.010.
Effective date -- 2004 c 38: See note following RCW 18.155.075.
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.
Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.
Severability -- 1997 c 265: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 265 § 9.]
Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability -- Application -- 1992 c 45: See notes following RCW 9.94A.840.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date -- Severability -- 1979 c 155: See notes following RCW 13.04.011.
Effective dates -- Severability -- 1977 ex.s. c 291: See notes following RCW 13.04.005.