(1) If a
respondent is found to have been in possession of a firearm in
violation of RCW 9.41.040(2)(a)(iii), the court shall impose a
minimum disposition of ten days of confinement. If the
offender's standard range of disposition for the offense as
indicated in RCW 13.40.0357 is more than thirty days of
confinement, the court shall commit the offender to the
department for the standard range disposition. The offender
shall not be released until the offender has served a minimum of
ten days in confinement.
(2) If the court finds that the respondent or an accomplice
was armed with a firearm, the court shall determine the standard
range disposition for the offense pursuant to RCW 13.40.160. If
the offender or an accomplice was armed with a firearm when the
offender committed any felony other than possession of a machine
gun, possession of a stolen firearm, drive-by shooting, theft of
a firearm, unlawful possession of a firearm in the first and
second degree, or use of a machine gun in a felony, the following
periods of total confinement must be added to the sentence: For
a class A felony, six months; for a class B felony, four months;
and for a class C felony, two months. The additional time shall
be imposed regardless of the offense's juvenile disposition
offense category as designated in RCW 13.40.0357.
(3) When a disposition under this section would effectuate a
manifest injustice, the court may impose another disposition.
When a judge finds a manifest injustice and imposes a disposition
of confinement exceeding thirty days, the court shall commit the
juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge
finds a manifest injustice and imposes a disposition of
confinement less than thirty days, the disposition shall be
comprised of confinement or community supervision or both.
(4) Any term of confinement ordered pursuant to this section
shall run consecutively to any term of confinement imposed in the
same disposition for other offenses.
[2003 c 53 § 100; 1997 c 338 § 30; 1994 sp.s. c 7 § 525.]
NOTES:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
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.
Finding -- Intent -- Severability -- Effective dates -- Contingent expiration date -- 1994 sp.s. c 7: See notes following RCW 43.70.540.