Juvenile justice

AN ACT Relating to juvenile justice; amending RCW 13.40.070, 1
13.40.080, 13.40.0357, and 13.40.193; and repealing RCW 13.40.308.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 13.40.070 and 2020 c 331 s 5 are each amended to 4
read as follows: 5
(1) Complaints referred to the juvenile court alleging the 6
commission of an offense shall be referred directly to the 7
prosecutor. The prosecutor, upon receipt of a complaint, shall screen 8
the complaint to determine whether: 9
(a) The alleged facts bring the case within the jurisdiction of 10
the court; and 11
(b) On a basis of available evidence there is probable cause to 12
believe that the juvenile did commit the offense. 13
(2) If the identical alleged acts constitute an offense under 14
both the law of this state and an ordinance of any city or county of 15
this state, state law shall govern the prosecutor's screening and 16
charging decision for both filed and diverted cases.17
(3) If the requirements of subsection (1)(a) and (b) of this 18
section are met, the prosecutor shall either file an information in 19
juvenile court or divert the case, as set forth in subsections (5), 20
(6), and (8) of this section. If the prosecutor finds that the 21
H-0384.1
HOUSE BILL 1246
State of Washington 69th Legislature 2025 Regular Session
By Representatives Couture and Caldier
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Early Learning & Human Services.
p. 1 HB 1246
requirements of subsection (1)(a) and (b) of this section are not 1
met, the prosecutor shall maintain a record, for one year, of such 2
decision and the reasons therefor. In lieu of filing an information 3
or diverting an offense a prosecutor may file a motion to modify 4
community supervision where such offense constitutes a violation of 5
community supervision. 6
(4) An information shall be a plain, concise, and definite 7
written statement of the essential facts constituting the offense 8
charged. It shall be signed by the prosecuting attorney and conform 9
to chapter 10.37 RCW. 10
(5) The prosecutor shall file an information with the juvenile 11
court if:12
(a) ((an)) An alleged offender is accused of an offense that is 13
defined as a sex offense or violent offense under RCW 9.94A.030, 14
other than assault in the second degree or robbery in the second 15
degree; ((or))16
(b) ((an)) An alleged offender has been referred by a diversion 17
unit for prosecution or desires prosecution instead of diversion; or18
(c) An alleged offender has three or more diversion agreements on 19
the alleged offender's criminal history. 20
(6) Where a case is legally sufficient the prosecutor shall 21
divert the case if the alleged offense is a misdemeanor or gross 22
misdemeanor or violation and the alleged offense is the offender's 23
first offense or violation. If the alleged offender is charged with a 24
related offense that may be filed under subsections (5) and (8) of 25
this section, a case under this subsection may also be filed.26
(7) Where a case is legally sufficient to charge an alleged 27
offender with: 28
(a) Prostitution loitering and the alleged offense is the 29
offender's first prostitution loitering offense, the prosecutor shall 30
divert the case; 31
(b) Voyeurism in the second degree, the offender is under 32
((seventeen)) 17 years of age, and the alleged offense is the 33
offender's first voyeurism in the second degree offense, the 34
prosecutor shall divert the case, unless the offender has received 35
two diversions for any offense in the previous two years;36
(c) Minor selling depictions of himself or herself engaged in 37
sexually explicit conduct under RCW 9.68A.053(5) and the alleged 38
offense is the offender's first violation of RCW 9.68A.053(5), the 39
prosecutor shall divert the case; or 40
p. 2 HB 1246
(d) A distribution, transfer, dissemination, or exchange of 1
sexually explicit images of other minors ((thirteen)) 13 years of age 2
or older offense as provided in RCW 9.68A.053(1) and the alleged 3
offense is the offender's first violation of RCW 9.68A.053(1), the 4
prosecutor shall divert the case. 5
(8) Where a case is legally sufficient and falls into neither 6
subsection (5) nor (6) of this section, it may be filed or diverted. 7
In deciding whether to file or divert an offense under this section 8
the prosecutor may be guided by the length, seriousness, and recency 9
of the alleged offender's criminal history and the circumstances 10
surrounding the commission of the alleged offense.11
(9) Whenever a juvenile is placed in custody or, where not placed 12
in custody, referred to a diversion interview, the parent or legal 13
guardian of the juvenile shall be notified as soon as possible 14
concerning the allegation made against the juvenile and the current 15
status of the juvenile. Where a case involves victims of crimes 16
against persons or victims whose property has not been recovered at 17
the time a juvenile is referred to a diversion unit, the victim shall 18
be notified of the referral and informed how to contact the unit.19
(10) The responsibilities of the prosecutor under subsections (1) 20
through (9) of this section may be performed by a juvenile court 21
probation counselor for any complaint referred to the court alleging 22
the commission of an offense which would not be a felony if committed 23
by an adult, if the prosecutor has given sufficient written notice to 24
the juvenile court that the prosecutor will not review such 25
complaints. 26
(11) The prosecutor, juvenile court probation counselor, or 27
diversion unit may, in exercising their authority under this section 28
or RCW 13.40.080, refer juveniles to community-based programs, 29
restorative justice programs, mediation, or victim offender 30
reconciliation programs. Such mediation or victim offender 31
reconciliation programs shall be voluntary for victims.32
(12) Prosecutors and juvenile courts are encouraged to engage 33
with and partner with community-based programs to expand, improve, 34
and increase options to divert youth from formal processing in 35
juvenile court. Nothing in this chapter should be read to limit 36
partnership with community-based programs to create diversion 37
opportunities for juveniles. 38
p. 3 HB 1246
Sec. 2. RCW 13.40.080 and 2022 c 34 s 1 are each amended to read 1
as follows: 2
(1) A diversion agreement shall be a contract between a juvenile 3
accused of an offense and a diversion unit whereby the juvenile 4
agrees to fulfill certain conditions in lieu of prosecution. Such 5
agreements may be entered into only after the prosecutor, or 6
probation counselor pursuant to this chapter, has determined that 7
probable cause exists to believe that a crime has been committed and 8
that the juvenile committed it. Such agreements shall be entered into 9
as expeditiously as possible. 10
(2) A diversion agreement shall be limited to one or more of the 11
following: 12
(a) Community restitution not to exceed ((one hundred fifty)) 150 13
hours, not to be performed during school hours if the juvenile is 14
attending school; 15
(b) Restitution limited to the amount of actual loss incurred by 16
any victim, excluding restitution owed to any insurance provider 17
under Title 48 RCW; 18
(c) Attendance at up to ((ten)) 10 hours of counseling and/or up 19
to twenty hours of positive youth development, educational or 20
informational sessions at a community agency. The educational or 21
informational sessions may include sessions relating to respect for 22
self, others, and authority; victim awareness; accountability; self-23
worth; responsibility; work ethics; good citizenship; literacy; and 24
life skills. If an assessment identifies mental health or chemical 25
dependency needs, a youth may access up to ((thirty)) 30 hours of 26
counseling. The counseling sessions may include services demonstrated 27
to improve behavioral health and reduce recidivism. ((For purposes of 28
this section, "community agency" may also mean a community-based 29
nonprofit organization, a physician, a counselor, a school, or a 30
treatment provider, if approved by the diversion unit. )) The state 31
shall not be liable for costs resulting from the diversion unit 32
exercising the option to permit diversion agreements to mandate 33
attendance at up to ((thirty)) 30 hours of counseling and/or up to 34
((twenty)) 20 hours of educational or informational sessions;35
(d) Requirements to remain during specified hours at home, 36
school, or work, and restrictions on leaving or entering specified 37
geographical areas; and 38
p. 4 HB 1246
(e) Upon request of any victim or witness, requirements to 1
refrain from any contact with victims or witnesses of offenses 2
committed by the juvenile. 3
(3) Notwithstanding the provisions of subsection (2) of this 4
section, youth courts are not limited to the conditions imposed by 5
subsection (2) of this section in imposing sanctions on juveniles 6
pursuant to RCW 13.40.630. 7
(4) In assessing periods of community restitution to be performed 8
and restitution to be paid by a juvenile who has entered into a 9
diversion agreement, the court officer to whom this task is assigned 10
shall consult with the juvenile's custodial parent or parents or 11
guardian. To the extent possible, the court officer shall advise the 12
victims of the juvenile offender of the diversion process, offer 13
victim impact letter forms and restitution claim forms, and involve 14
members of the community. Such members of the community may meet with 15
the juvenile and may advise the court officer as to the terms of the 16
diversion agreement and may supervise the juvenile in carrying out 17
its terms. 18
(5)(a) A diversion agreement may not exceed a period of six 19
months and may include a period extending beyond the eighteenth 20
birthday of the divertee. 21
(b) If additional time is necessary for the juvenile to complete 22
the terms of the agreement or restitution to a victim, the time 23
period limitations of this subsection may be extended by an 24
additional six months at the request of the juvenile.25
(c) If the juvenile has not paid the full amount of restitution 26
by the end of the additional six-month period, then the juvenile 27
shall be referred to the juvenile court for entry of a civil order 28
establishing the amount of restitution still owed to the victim. In 29
this order, the court shall also determine the terms and conditions 30
of the restitution, including a payment plan extending up to ten 31
years if the court determines that the juvenile does not have the 32
means to make full restitution over a shorter period. For the 33
purposes of this subsection (5)(c), the juvenile shall remain under 34
the court's jurisdiction for a maximum term of ((ten)) 10 years after 35
the juvenile's ((eighteenth)) 18th birthday. Prior to the expiration 36
of the initial ten-year period, the juvenile court may extend the 37
judgment for restitution an additional ((ten)) 10 years. The court 38
may relieve the juvenile of the requirement to pay full or partial 39
restitution if the juvenile reasonably satisfies the court that he or 40
p. 5 HB 1246
she does not have the means to make full or partial restitution and 1
could not reasonably acquire the means to pay the restitution over a 2
((ten-)) 10-year period. If the court relieves the juvenile of the 3
requirement to pay full or partial restitution, the court may order 4
an amount of community restitution that the court deems appropriate. 5
The county clerk shall make disbursements to victims named in the 6
order. The restitution to victims named in the order shall be paid 7
prior to any payment for other penalties or monetary assessments. A 8
juvenile under obligation to pay restitution may petition the court 9
for modification of the restitution order. 10
(d) A diversion agreement may be completed by the juvenile any 11
time prior to an order terminating the agreement. 12
(6) The juvenile shall retain the right to be referred to the 13
court at any time prior to the signing of the diversion agreement.14
(7) Divertees and potential divertees shall be afforded due 15
process in all contacts with a diversion unit regardless of whether 16
the juveniles are accepted for diversion or whether the diversion 17
program is successfully completed. Such due process shall include, 18
but not be limited to, the following: 19
(a) A written diversion agreement shall be executed stating all 20
conditions in clearly understandable language; 21
(b) Violation of the terms of the agreement shall be the only 22
grounds for termination; 23
(c) No divertee may be terminated from a diversion program 24
without being given a court hearing, which hearing shall be preceded 25
by: 26
(i) Written notice of alleged violations of the conditions of the 27
diversion program; and 28
(ii) Disclosure of all evidence to be offered against the 29
divertee; 30
(d) The hearing shall be conducted by the juvenile court and 31
shall include: 32
(i) Opportunity to be heard in person and to present evidence;33
(ii) The right to confront and cross-examine all adverse 34
witnesses; 35
(iii) A written statement by the court as to the evidence relied 36
on and the reasons for termination, should that be the decision; and37
(iv) Demonstration by evidence that the divertee has 38
substantially violated the terms of his or her diversion agreement;39
p. 6 HB 1246
(e) The prosecutor may file an information on the offense for 1
which the divertee was diverted: 2
(i) In juvenile court if the divertee is under ((eighteen)) 18 3
years of age; or 4
(ii) In superior court or the appropriate court of limited 5
jurisdiction if the divertee is ((eighteen)) 18 years of age or 6
older. 7
(8) The diversion unit shall, subject to available funds, be 8
responsible for providing interpreters when juveniles need 9
interpreters to effectively communicate during diversion unit 10
hearings or negotiations. 11
(9) The diversion unit shall be responsible for advising a 12
divertee of his or her rights as provided in this chapter.13
(10) The diversion unit may refer a juvenile to a restorative 14
justice program, community-based counseling, or treatment programs.15
(11) The right to counsel shall inure prior to the initial 16
interview for purposes of advising the juvenile as to whether he or 17
she desires to participate in the diversion process or to appear in 18
the juvenile court. The juvenile may be represented by counsel at any 19
critical stage of the diversion process, including intake interviews 20
and termination hearings. The juvenile shall be fully advised at the 21
intake of his or her right to an attorney and of the relevant 22
services an attorney can provide. For the purpose of this section, 23
intake interviews mean all interviews regarding the diversion 24
agreement process. 25
The juvenile shall be advised that a diversion agreement shall 26
constitute a part of the juvenile's criminal history as defined by 27
RCW 13.40.020(8). A signed acknowledgment of such advisement shall be 28
obtained from the juvenile, and the document shall be maintained by 29
the diversion unit together with the diversion agreement, and a copy 30
of both documents shall be delivered to the prosecutor if requested 31
by the prosecutor. The supreme court shall promulgate rules setting 32
forth the content of such advisement in simple language.33
(12) When a juvenile enters into a diversion agreement, the 34
juvenile court may receive only the following information for 35
dispositional purposes: 36
(a) The fact that a charge or charges were made;37
(b) The fact that a diversion agreement was entered into;38
(c) The juvenile's obligations under such agreement;39
p. 7 HB 1246
(d) Whether the alleged offender performed his or her obligations 1
under such agreement; and 2
(e) The facts of the alleged offense. 3
(13) A diversion unit may refuse to enter into a diversion 4
agreement with a juvenile. When a diversion unit refuses to enter a 5
diversion agreement with a juvenile, it shall immediately refer such 6
juvenile to the court for action and shall forward to the court the 7
criminal complaint and a detailed statement of its reasons for 8
refusing to enter into a diversion agreement. The diversion unit 9
shall also immediately refer the case to the prosecuting attorney for 10
action if such juvenile violates the terms of the diversion 11
agreement. 12
(14) A diversion unit may, in instances where it determines that 13
the act or omission of an act for which a juvenile has been referred 14
to it involved no victim, or where it determines that the juvenile 15
referred to it has no prior criminal history and is alleged to have 16
committed an illegal act involving no threat of or instance of actual 17
physical harm and involving not more than fifty dollars in property 18
loss or damage and that there is no loss outstanding to the person or 19
firm suffering such damage or loss, counsel and release or release 20
such a juvenile without entering into a diversion agreement. A 21
diversion unit's authority to counsel and release a juvenile under 22
this subsection includes the authority to refer the juvenile to 23
community-based counseling or treatment programs or a restorative 24
justice program. Any juvenile released under this subsection shall be 25
advised that the act or omission of any act for which he or she had 26
been referred shall constitute a part of the juvenile's criminal 27
history as defined by RCW 13.40.020(8). A signed acknowledgment of 28
such advisement shall be obtained from the juvenile, and the document 29
shall be maintained by the unit, and a copy of the document shall be 30
delivered to the prosecutor if requested by the prosecutor. The 31
supreme court shall promulgate rules setting forth the content of 32
such advisement in simple language. A juvenile determined to be 33
eligible by a diversion unit for release as provided in this 34
subsection shall retain the same right to counsel and right to have 35
his or her case referred to the court for formal action as any other 36
juvenile referred to the unit. 37
(15) A diversion unit may supervise the fulfillment of a 38
diversion agreement entered into before the juvenile's eighteenth 39
p. 8 HB 1246
birthday and which includes a period extending beyond the divertee's 1
eighteenth birthday. 2
(16) If restitution required by a diversion agreement cannot 3
reasonably be paid due to a change of circumstance, the diversion 4
agreement may be modified at the request of the divertee and with the 5
concurrence of the diversion unit to convert unpaid restitution into 6
community restitution. The modification of the diversion agreement 7
shall be in writing and signed by the divertee and the diversion 8
unit. The number of hours of community restitution in lieu of a 9
monetary penalty shall be converted at the rate of the prevailing 10
state minimum wage per hour. 11
(17) A community agency contracted to provide services to a 12
juvenile as part of a diversion agreement that falsifies information 13
or does not accurately report juvenile attendance or juvenile 14
progress is subject to a fine of up to $25,000 enforceable by the 15
office of the attorney general.16
(18) For purposes of this section, "community agency" may also 17
mean a community-based nonprofit organization, a physician, a 18
counselor, a school, or a treatment provider, if approved by the 19
diversion unit.20
Sec. 3. RCW 13.40.0357 and 2023 c 295 s 8 are each amended to 21
read as follows: 22
23 DESCRIPTION AND OFFENSE CATEGORY
24
25
26
27
28
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY , OR
SOLICITATION
29 Arson and Malicious Mischief
30 A Arson 1 (9A.48.020) B+
31 B Arson 2 (9A.48.030) C
32 C Reckless Burning 1 (9A.48.040) D
33 D Reckless Burning 2 (9A.48.050) E
34 B Malicious Mischief 1 (9A.48.070) C
35 C Malicious Mischief 2 (9A.48.080) D
36 D Malicious Mischief 3 (9A.48.090) E
p. 9 HB 1246
1
2
E Tampering with Fire Alarm Apparatus
(9.40.100)
E
3
4
E Tampering with Fire Alarm Apparatus
with Intent to Commit Arson (9.40.105)
E
5
6
A Possession of Incendiary Device
(9.40.120)
B+
7
8
Assault and Other Crimes Involving
Physical Harm

9
10
((A))
A+
Assault 1 (9A.36.011) B+
11
12
((B+))
B++
Assault 2 (9A.36.021) C+
13
14
((C+))
B
Assault 3 (9A.36.031) D+
15 D+ Assault 4 (9A.36.041) E
16
17
((B+))
B++
Drive-By Shooting (9A.36.045)
committed at age 15 or under
C+
18
19
A++ Drive-By Shooting (9A.36.045)
committed at age 16 or 17
A
20 D+ Reckless Endangerment (9A.36.050) E
21 C+ Promoting Suicide Attempt (9A.36.060) D+
22 D+ Coercion (9A.36.070) E
23
24
((C+))
B+
Custodial Assault (9A.36.100) D+
25 Burglary and Trespass
26
27
B+ Burglary 1 (9A.52.020) committed at
age 15 or under
C+
28
29
A- Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
30 B Residential Burglary (9A.52.025) C
31 B Burglary 2 (9A.52.030) C
32
33
D Burglary Tools (Possession of)
(9A.52.060)
E
34 D Criminal Trespass 1 (9A.52.070) E
35 E Criminal Trespass 2 (9A.52.080) E
36 C Mineral Trespass (78.44.330) C
37 C Vehicle Prowling 1 (9A.52.095) D
p. 10 HB 1246
1 D Vehicle Prowling 2 (9A.52.100) E
2 Drugs
3
4
E Possession/Consumption of Alcohol
(66.44.270)
E
5
6
C Illegally Obtaining Legend Drug
(69.41.020)
D
7
8
((C+))
B+
Sale, Delivery, Possession of Legend
Drug with Intent to Sell (69.41.030(2)(a))
D+
9
10
E Possession of Legend
Drug (69.41.030(2)(b))
E
11
12
13
14
((B+))
B++
Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(2) (a) or (b))
B+
15
16
17
((C))
B+
Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(2)(c))
C
18
19
E Possession of Cannabis <40 grams
(69.50.4014)
E
20
21
C Fraudulently Obtaining Controlled
Substance (69.50.403)
C
22
23
((C+))
B+
Sale of Controlled Substance for Profit
(69.50.410)
C+
24 E Unlawful Inhalation (9.47A.020) E
25
26
27
28
29
((B))
B+
Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances (69.50.4011(2)
(a) or (b))
B
30
31
32
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances (69.50.4011(2) (c), (d), or (e))
C
33
34
35
E Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4013)
E
36
37
38
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4012)
C
p. 11 HB 1246
1 Firearms and Weapons
2
3
((B))
B+
Theft of Firearm (9A.56.300) C
4
5
((B))
B+
Possession of Stolen Firearm
(9A.56.310)
C
6
7
E Carrying Loaded Pistol Without Permit
(9.41.050)
E
8
9
((C))
B+
Possession of Firearms by Minor (<18)
(9.41.040(2)(a) (v))
C
10
11
D+ Possession of Dangerous Weapon
(9.41.250)
E
12
13
D Intimidating Another Person by use of
Weapon (9.41.270)
E
14 Homicide
15
16
((A+))
A++
Murder 1 (9A.32.030) A
17
18
((A+))
A++
Murder 2 (9A.32.050) B+
19 B+ Manslaughter 1 (9A.32.060) C+
20 C+ Manslaughter 2 (9A.32.070) D+
21
22
((B+))
B++
Vehicular Homicide (46.61.520) C+
23 Kidnapping
24
25
((A))
A+
Kidnap 1 (9A.40.020) B+
26
27
((B+))
B++
Kidnap 2 (9A.40.030) C+
28 A Trafficking 1 (9A.40.100) B+
29 A Trafficking 2 (9A.40.100) B+
30 C+ Unlawful Imprisonment (9A.40.040) D+
31 Obstructing Governmental Operation
32
33
D Obstructing a Law Enforcement Officer
(9A.76.020)
E
34 E Resisting Arrest (9A.76.040) E
35 B Introducing Contraband 1 (9A.76.140) C
36 C Introducing Contraband 2 (9A.76.150) D
37 E Introducing Contraband 3 (9A.76.160) E
p. 12 HB 1246
1
2
B+ Intimidating a Public Servant
(9A.76.180)
C+
3 B+ Intimidating a Witness (9A.72.110) C+
4 Public Disturbance
5
6
((C+))
B+
Criminal Mischief with Weapon
(9A.84.010(2)(b))
D+
7
8
D+ Criminal Mischief Without Weapon
(9A.84.010(2)(a))
E
9 E Failure to Disperse (9A.84.020) E
10 E Disorderly Conduct (9A.84.030) E
11 Sex Crimes
12
13
((A))
A+
Rape 1 (9A.44.040) B+
14
15
((B+
+)) A-
Rape 2 (9A.44.050) committed at age 14
or under
B+
16
17
((A-))
A
Rape 2 (9A.44.050) committed at age 15
through age 17
B+
18
19
((C+))
B+
Rape 3 (9A.44.060) D+
20
21
((B+
+)) A-
Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
22
23
((A-))
A
Rape of a Child 1 (9A.44.073)
committed at age 15
B+
24
25
((B+))
B++
Rape of a Child 2 (9A.44.076) C+
26
27
((B))
B+
Incest 1 (9A.64.020(1)) C
28 C Incest 2 (9A.64.020(2)) D
29
30
((D+))
C+
Indecent Exposure (Victim <14)
(9A.88.010)
E
31
32
((E))
C
Indecent Exposure (Victim 14 or over)
(9A.88.010)
E
33
34
((B+))
B++
Promoting Prostitution 1 (9A.88.070) C+
35
36
((C+))
B+
Promoting Prostitution 2 (9A.88.080) D+
37 E O & A (Prostitution) (9A.88.030) E
p. 13 HB 1246
1
2
((B+))
B++
Indecent Liberties (9A.44.100) C+
3
4
((B+
+)) A-
Child Molestation 1 (9A.44.083)
committed at age 14 or under
B+
5
6
((A-))
A
Child Molestation 1 (9A.44.083)
committed at age 15 through age 17
B+
7
8
((B))
B+
Child Molestation 2 (9A.44.086) C+
9
10
((C))
B+
Failure to Register as a Sex Offender
(9A.44.132)
D
11
12
Theft, Robbery, Extortion, and
Forgery

13 B Theft 1 (9A.56.030) C
14 C Theft 2 (9A.56.040) D
15 D Theft 3 (9A.56.050) E
16
17
B Theft of Livestock 1 and 2 (9A.56.080
and 9A.56.083)
C
18 C Forgery (9A.60.020) D
19
20
A Robbery 1 (9A.56.200) committed at
age 15 or under
B+
21
22
A++ Robbery 1 (9A.56.200) committed at
age 16 or 17
A
23 B+ Robbery 2 (9A.56.210) C+
24 B+ Extortion 1 (9A.56.120) C+
25 C+ Extortion 2 (9A.56.130) D+
26 C Identity Theft 1 (9.35.020(2)) D
27 D Identity Theft 2 (9.35.020(3)) E
28
29
D Improperly Obtaining Financial
Information (9.35.010)
E
30
31
((B))
B+
Possession of a Stolen Vehicle
(9A.56.068)
C
32
33
B Possession of Stolen Property 1
(9A.56.150)
C
34
35
C Possession of Stolen Property 2
(9A.56.160)
D
36
37
D Possession of Stolen Property 3
(9A.56.170)
E
p. 14 HB 1246
1
2
((B))
B+
Taking Motor Vehicle Without
Permission 1 (9A.56.070)
C
3
4
((C))
B
Taking Motor Vehicle Without
Permission 2 (9A.56.075)
D
5
6
((B))
B+
Theft of a Motor Vehicle (9A.56.065) C
7 Motor Vehicle Related Crimes
8 E Driving Without a License (46.20.005) E
9
10
((B+))
B++
Hit and Run - Death (46.52.020(4)(a)) C+
11
12
((C))
B+
Hit and Run - Injury (46.52.020(4)(b)) D
13 D Hit and Run-Attended (46.52.020(5)) E
14 E Hit and Run-Unattended (46.52.010) E
15 C Vehicular Assault (46.61.522) D
16
17
C Attempting to Elude Pursuing Police
Vehicle (46.61.024)
D
18 E Reckless Driving (46.61.500) E
19
20
D Driving While Under the Influence
(46.61.502 and 46.61.504)
E
21
22
B+ Felony Driving While Under the
Influence (46.61.502(6))
B
23
24
B+ Felony Physical Control of a Vehicle
While Under the Influence (46.61.504(6))
B
25 Other
26 B Animal Cruelty 1 (16.52.205) C
27 B Bomb Threat (9.61.160) C
28 C Escape 11 (9A.76.110) C
29 C Escape 21 (9A.76.120) C
30 D Escape 3 (9A.76.130) E
31
32
E Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
33
34
A Other Offense Equivalent to an Adult
Class A Felony
B+
35
36
B Other Offense Equivalent to an Adult
Class B Felony
C
p. 15 HB 1246
1
2
C Other Offense Equivalent to an Adult
Class C Felony
D
3
4
D Other Offense Equivalent to an Adult
Gross Misdemeanor
E
5
6
E Other Offense Equivalent to an Adult
Misdemeanor
E
7
8
9
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 10
and the standard range is established as follows: 11
1st escape or attempted escape during 12-month period - 28 days 12
confinement 13
2nd escape or attempted escape during 12-month period - 8 weeks 14
confinement 15
3rd and subsequent escape or attempted escape during 12-month 16
period - 12 weeks confinement 17
2If the court finds that a respondent has violated terms of an order, 18
it may impose a penalty of up to 30 days of confinement.19
JUVENILE SENTENCING STANDARDS20
This schedule must be used for juvenile offenders. The court may 21
select sentencing option A, B, C, or D. 22
23
24
25
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
26 A++ 129 to 260 weeks for all category A++ offenses
27 A+ 180 weeks to age 21 for all category A+ offenses
28 A 103-129 weeks for all category A offenses
29 A- 30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
30 B++ 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
31 CURRENT B+ 15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks
32 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks
33 CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeks
p. 16 HB 1246
1 C LS LS LS LS 15-36 weeks
2 D+ LS LS LS LS LS
3 D LS LS LS LS LS
4 E LS LS LS LS LS
5 PRIOR 0 1 2 3 4 or more
6 ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of 7
confinement. "LS" means "local sanctions" as defined in RCW 8
13.40.020. 9
(1) The vertical axis of the grid is the current offense 10
category. The current offense category is determined by the offense 11
of adjudication. 12
(2) The horizontal axis of the grid is the number of prior 13
adjudications included in the juvenile's criminal history. Each prior 14
felony adjudication shall count as one point. Each prior violation, 15
misdemeanor, and gross misdemeanor adjudication shall count as 1/4 16
point. Fractional points shall be rounded down. 17
(3) The standard range disposition for each offense is determined 18
by the intersection of the column defined by the prior adjudications 19
and the row defined by the current offense category.20
(4) RCW 13.40.180 applies if the offender is being sentenced for 21
more than one offense. 22
(5) A current offense that is a violation is equivalent to an 23
offense category of E. However, a disposition for a violation shall 24
not include confinement. 25
OR26
OPTION B27
SUSPENDED DISPOSITION ALTERNATIVE28
(1) If the offender is subject to a standard range disposition 29
involving confinement by the department, the court may impose the 30
standard range and suspend the disposition on condition that the 31
offender comply with one or more local sanctions and any educational 32
or treatment requirement. The treatment programs provided to the 33
offender must be either research-based best practice programs as 34
identified by the Washington state institute for public policy or the 35
joint legislative audit and review committee, or for chemical 36
p. 17 HB 1246
dependency treatment programs or services, they must be evidence-1
based or research-based best practice programs. For the purposes of 2
this subsection: 3
(a) "Evidence-based" means a program or practice that has had 4
multiple site random controlled trials across heterogeneous 5
populations demonstrating that the program or practice is effective 6
for the population; and 7
(b) "Research-based" means a program or practice that has some 8
research demonstrating effectiveness, but that does not yet meet the 9
standard of evidence-based practices. 10
(2) If the offender fails to comply with the suspended 11
disposition, the court may impose sanctions pursuant to RCW 13.40.200 12
or may revoke the suspended disposition and order the disposition's 13
execution. 14
(3) An offender is ineligible for the suspended disposition 15
option under this section if the offender: 16
(a) Is adjudicated of an A+ or A++ offense; 17
(b) Is ((fourteen)) 14 years of age or older and is adjudicated 18
of one or more of the following offenses: 19
(i) A class A offense, or an attempt, conspiracy, or solicitation 20
to commit a class A offense; 21
(ii) Manslaughter in the first degree (RCW 9A.32.060);22
(iii) Assault in the second degree (RCW 9A.36.021), extortion in 23
the first degree (RCW 9A.56.120), kidnapping in the second degree 24
(RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular 25
homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or 26
manslaughter 2 (RCW 9A.32.070); or 27
(iv) Violation of the uniform controlled substances act (RCW 28
69.50.401(2) (a) and (b)), when the offense includes infliction of 29
bodily harm upon another or when during the commission or immediate 30
withdrawal from the offense the respondent was armed with a deadly 31
weapon; 32
(c) Is ordered to serve a disposition for a firearm violation 33
under RCW 13.40.193; 34
(d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; 35
or 36
(e) Has a prior option B disposition. 37
OR38
OPTION C39
p. 18 HB 1246
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE1
If the juvenile offender is subject to a standard range 2
disposition of local sanctions or 15 to 36 weeks of confinement and 3
has not committed a B++ or B+ offense, the court may impose a 4
disposition under RCW 13.40.160(4) and 13.40.165. 5
OR6
OPTION D7
MANIFEST INJUSTICE8
If the court determines that a disposition under option A, B, or C 9
would effectuate a manifest injustice, the court shall impose a 10
disposition outside the standard range under RCW 13.40.160(2).11
Sec. 4. RCW 13.40.193 and 2023 c 295 s 10 are each amended to 12
read as follows: 13
(1) If a respondent is found to have been in possession of a 14
firearm in violation of RCW 9.41.040(2)(a)(v), the court shall impose 15
a ((minimum disposition of ten days of confinement. If the 16
offender's)) standard range ((of)) disposition for the offense as 17
indicated in RCW 13.40.0357 ((is more than thirty days of 18
confinement, the court shall commit the offender to the department 19
for the standard range disposition. The offender shall not be 20
released until the offender has served a minimum of ten days in 21
confinement)). 22
(2)(a) If a respondent is found to have been in possession of a 23
firearm in violation of RCW 9.41.040, the disposition must include a 24
requirement that the respondent participate in a qualifying program 25
as described in (b) of this subsection, when available, unless the 26
court makes a written finding based on the outcome of the juvenile 27
court risk assessment that participation in a qualifying program 28
would not be appropriate. 29
(b) For purposes of this section, "qualifying program" means an 30
aggression replacement training program, a functional family therapy 31
program, or another program applicable to the juvenile firearm 32
offender population that has been identified as evidence-based or 33
research-based and cost-beneficial in the current list prepared at 34
the direction of the legislature by the Washington state institute 35
for public policy. 36
p. 19 HB 1246
(3) If the court finds that the respondent or an accomplice was 1
armed with a firearm, the court shall determine the standard range 2
disposition for the offense pursuant to RCW 13.40.160. If the 3
offender or an accomplice was armed with a firearm when the offender 4
committed any felony other than possession of a machine gun or bump-5
fire stock, possession of a stolen firearm, drive-by shooting, theft 6
of a firearm, unlawful possession of a firearm in the first and 7
second degree, or use of a machine gun or bump-fire stock in a 8
felony, the following periods of total confinement must be added to 9
the sentence: (a) Except for (b) of this subsection, for a class A 10
felony, six months; for a class B felony, four months; and for a 11
class C felony, two months; (b) for any violent offense as defined in 12
RCW 9.94A.030, committed by a respondent who is ((sixteen)) 16 or 13
((seventeen)) 17 years old at the time of the offense, a period of 14
((twelve)) 12 months. The additional time shall be imposed regardless 15
of the offense's juvenile disposition offense category as designated 16
in RCW 13.40.0357. 17
(4)(a) If the court finds that the respondent who is sixteen or 18
seventeen years old and committed the offense of robbery in the first 19
degree, drive-by shooting, rape of a child in the first degree, 20
burglary in the first degree, or any violent offense as defined in 21
RCW 9.94A.030 and was armed with a firearm, and the court finds that 22
the respondent's participation was related to membership in a 23
criminal street gang or advancing the benefit, aggrandizement, gain, 24
profit, or other advantage for a criminal street gang, a period of 25
three months total confinement must be added to the sentence. The 26
additional time must be imposed regardless of the offense's juvenile 27
disposition offense category as designated in RCW 13.40.0357 and must 28
be served consecutively with any other sentencing enhancement.29
(b) For the purposes of this section, "criminal street gang" 30
means any ongoing organization, association, or group of three or 31
more persons, whether formal or informal, having a common name or 32
common identifying sign or symbol, having as one of its primary 33
activities the commission of criminal acts, and whose members or 34
associates individually or collectively engage in or have engaged in 35
a pattern of criminal street gang activity. This definition does not 36
apply to employees engaged in concerted activities for their mutual 37
aid and protection, or to the activities of labor and bona fide 38
nonprofit organizations or their members or agents.39
p. 20 HB 1246
(5) When a disposition under this section would effectuate a 1
manifest injustice, the court may impose another disposition. When a 2
judge finds a manifest injustice and imposes a disposition of 3
confinement exceeding ((thirty)) 30 days, the court shall commit the 4
juvenile to a maximum term, and the provisions of RCW 13.40.030(2) 5
shall be used to determine the range. When a judge finds a manifest 6
injustice and imposes a disposition of confinement less than thirty 7
days, the disposition shall be comprised of confinement or community 8
supervision or both. 9
(6) Any term of confinement ordered pursuant to this section 10
shall run consecutively to any term of confinement imposed in the 11
same disposition for other offenses. 12
NEW SECTION. Sec. 5. RCW 13.40.308 (Juvenile offender 13
adjudicated of taking motor vehicle without permission in the first 14
degree, theft of motor vehicle, possession of a stolen vehicle, 15
taking motor vehicle without permission in the second degree —Minimum 16
sentences) and 2016 c 136 s 4, 2009 c 454 s 4, & 2007 c 199 s 15 are 17
each repealed.18
--- END ---
p. 21 HB 1246