HB 2795 — Concerning convictions for offenses that were committed at age sixteen or seventeen and placed in exclusive jurisdiction of the juvenile court in 2018.

H-4671.1SUBSTITUTEH-4012.1HOUSE HOUSE BILL 2795State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentatives Human Services & Early Learning (originally sponsored by Representatives Frame, Senn, Kilduff, Davis, Peterson, Lekanoff, Pollet, and Santos)READSantosRead FIRSTfirst TIMEtime 02/07/20.AN01/22/20.Referred to Committee on Human Services & Early Learning.AN ACT Relating to convictions for offenses that were committed at age sixteen or seventeen and placed in exclusive jurisdiction of the juvenile court in 2018;

amendingadding RCWa 9.94A.525;new section to chapter 13.04 RCW;

and creating a new section.BEsection; IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

making an appropriation;

providing an effective date;

and declaring an emergency.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

This act provides a mechanism for persons convicted in adult court for a crime committed at age sixteen or seventeen between July 1, 1997, and June 7, 2018, of a crime which was subject to originalautodecline adult criminal jurisdiction at the time of conviction, but subsequently transferred to the exclusive jurisdiction of the juvenile court by chapter 162, Laws of 2018, to petition for the vacation of their conviction.NEWconviction and disposition of the offense in juvenile court.NEW SECTION.  Sec.

A new section is added to chapter 9.94A13.04 RCW to read as follows:(1)(a)follows:(1) Any person withconvicted a conviction under exclusive original adult criminal jurisdiction between July 1, 1997, and June 7, 2018, for a crime committed at the age of sixteen or seventeen may applypetition to the sentencing court of conviction to havevacate the recordjudgment ofand thesentence convictionand vacatedtransfer under the termscase offor thisdisposition sectionin juvenile court if the conviction was for one of the following offenses:(i)offenses:(a) Robbery in the first degree;(ii)degree;(b) Drive-by shooting;(iii)shooting;(c) Burglary in the first degree when the juvenile hadhas a criminal history consisting of one or more prior felony, misdemeanor, or gross misdemeanor offenses;

or(iv)or(d) Any violent offense as defined in RCW 9.94A.030 and the applicantjuvenile wasis alleged to have been armed with a firearm.(b)firearm.(2) IfUpon receiving the courtpetition, findsthe thatsuperior thecourt applicantshall meetsvacate the requirementsjudgment ofand thissentence section,and transfer the courtcase shallto vacatejuvenile thecourt convictionfor by:(i)disposition Permittingunder thethis applicanttitle toonly withdrawif the pleafollowing ofare guiltyapplicable:(a) andThere enterare ano pleapending ofappeals notin guilty,the orcase ifto thebe applicantvacated wasand convictedtransferred;(b) afterThe apetitioner pleastipulates to the existence of notfacts guilty,necessary byto thesupport adjudication in juvenile court settingfor asideany theand verdictall ofcurrent guilty;convictions subject to this section.

and(ii)If Dismissing the informationcurrent orconvictions indictmentare againstbased theon person.(c)a Afact-finding vacation under this section must be processed in thewhich same manner and has the samedefendant legalmaintained effect as provided in RCW 9.94A.640(3).(2) In order to vacate a recordplea of convictionnot underguilty thisor section,relied on an applicantAlford mustplea, have:(a) For class A offenses, spent at least five consecutive years in the communitystipulation withoutmay committingbe any crime or offense that subsequently results in a conviction since the lastform date of releasean fromAlford confinement;(b)plea;(c) ForThe classconvictions Bmust ornot Ccurrently offenses,be spentoffenses atsubject leastto twoexclusive consecutiveadult yearsjurisdiction inunder theRCW community13.04.030. without committing any crime or offense that subsequently results in a conviction since the last date of release from confinement;

and(c)If Paida thecause fullnumber amountcontains ofboth restitutionoffenses owingthat toare thecurrently individualsubject victim in the restitution order, excluding restitution owed to anyexclusive publicadult orjurisdiction private entity providing insurance coverage or health care coverage.(3) Once the court vacates a record of conviction under this section:(a) The offender shall be released from all penalties and disabilitiesoffenses resultingthat fromare theno offense;(b)longer Forsubject all purposes, including responding to questionsexclusive onadult employmentjurisdiction, applications,the ancharges offender whose conviction has been vacated may statebe thatsevered heto orallow shefor hasresentencing never been convicted of thatthose crime;(c)offenses Theno convictionlonger thatsubject hasto beenexclusive vacatedadult underjurisdiction;(d) thisThe sectionpetitioner maystipulates not be disseminated or disclosed by the Washington state patrol or local law enforcement agency to anyan person,automatic exceptextension other criminal justice agencies;(d) In any subsequent misdemeanor or gross misdemeanor conviction, the fact that the offender has been convicted of thejurisdiction offense must not be included in the offender's criminal history for purposes of determiningimposing a sentence;(e)disposition Inand anysupervision subsequentup felonyto conviction, the factage thatof thetwenty-five, offenderregardless has been convicted of the offenselimitations mayset beforth included in the offender's criminal history for purposes of determining a sentence, but the court shall count the vacated conviction as a juvenile conviction under RCW 9.94A.525;13.40.300.

and(f)In Thethe convictionevent that has been vacated may not be treated as a conviction for purposes of the definitionpetitioner ofis "persistentage offender"twenty-five under RCW 9.94A.030.(4) Nothing in this section affects or preventsolder at the usetime of anresentencing, offender's vacated conviction in a later criminal prosecution and nothing in this section affects the requirementsjuvenile forcourt restoringshall amaintain rightjurisdiction to possessimpose a firearmjuvenile underdisposition RCW order 9.41.040.(5) Any motion for vacation of a conviction or adjudication under this sectiontitle, mustbut bejurisdiction supportedto byenforce eitherterms aof signedsupervision, sanctions, and swornconfinement affidavitshall orend at the swornconclusion testimony of the applicantdisposition athearing; a court hearing.Sec.

and(e) The petitioner stipulates he or she shall be subject to disposition in juvenile court and understands the juvenile court shall not be required to impose a standard range disposition, but may impose any disposition allowed pursuant to this title, provided that the juvenile court shall not impose any term of confinement, financial penalties, or restitution that exceeds the terms of the petitioner's previous judgment and sentence.

Upon disposition in juvenile court, the petitioner must receive credit for any confinement served and financial restitution or penalties paid.(3) Any petition under this section or RCW 13.40.030 received by mail or submitted in person to the superior court of the judicial district in which the petitioner was originally convicted must be reviewed by the superior court within thirty days of receipt of the written petition.(4) The superior court shall not charge a filing fee for petitions submitted under this section.

The superior court may consider testimony by the petitioner if deemed relevant.

The petitioner must acknowledge in the initial written petition whether the petitioner will appear in person for the resentencing review hearing.

The superior court must review, transfer, and dispose of the case as required, regardless of whether the petitioner is present, with copies of court orders sent to the petitioner at the petitioner's last known address or to an address specified in the petition.(5) The department of corrections, in collaboration with the administrative office of the courts and the office of public defense, shall provide written notice by June 30, 2020, to all eligible persons of their right to petition the court for resentencing.

The written notice must describe the process of filing the petition, describe the process by which the petition shall be reviewed, include information related to accessing legal assistance, and include the form required for making necessary stipulations.

A list of eligible persons with current contact information must be shared with the office of public defense.(6) A person who is appealing a conviction that would otherwise be eligible for vacation and transfer for disposition in juvenile court under this section may request dismissal of his or her appeal for the purpose of filing a petition under this section.

In this circumstance only, a new appeal may be filed following juvenile court disposition within the time allowed by court rules containing only issues that were previously raised on appeal and are not mooted by the vacation of the judgment, sentence, and disposition in juvenile court.

The record on appeal shall be the record of the person's original conviction, notwithstanding stipulations made by the petitioner, to enable disposition in juvenile court.NEW SECTION.  Sec.

A new section is added to chapter 9.94A RCW 9.94A.525to read as follows:Any person convicted under exclusive original adult criminal jurisdiction between July 1, 1997, and 2017June c7, 2722018, sfor 3a arecrime eachcommitted amendedat tothe readage asof follows:Thesixteen offenderor scoreseventeen, iswhich measuredwas ontransferred to the horizontalexclusive axisjurisdiction of juvenile court by chapter 162, Laws of 2018, may petition the sentencingcourt grid.of conviction to vacate the judgment and sentence under section 2 of this act.NEW SECTION.  Sec.

The4. offender score rules are as follows:The offender score is the sum of points accrued under this section rounded down to the nearest whole number.(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed.

ConvictionsThe enteredsum orof sentencedfive onhundred thethousand samedollars, dateor as themuch convictionthereof foras whichmay thebe offendernecessary, score is beingappropriated computedfor shall be deemed "other current offenses" within the meaningfiscal ofyear RCWending 9.94A.589.(2)(a)June Class30, A2021, and sex prior felony convictions shall always be included in the offendersum score.(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of releasefive fromhundred confinementthousand (includingdollars, full-time residential treatment) pursuant to a felony conviction, if any, or entryas ofmuch judgmentthereof and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.(c) Except as providedmay inbe (e)necessary, ofis thisappropriated subsection,for class C prior felony convictions other than sex offenses shall not be included in the offenderfiscal scoreyear if,ending sinceJune the30, last2022, date of release from confinementthe (includinggeneral full-timefund residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offenderoffice had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.(d) Except as provided in (e) of thispublic subsection,defense serioussolely trafficfor convictions shall not be included in the offenderpurpose score if, since the last date of releaseproviding fromfunds confinement (including full-time residential treatment) pursuant to alegal conviction,advocacy iforganizations any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate crimes for the offenselegal asassistance definedneeded byto RCWassist 46.61.5055(14)petitioners shallwith becomplying includedwith inthis theact.NEW offenderSECTION.  Sec. score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)) shall always be included in the offender score.

All5. other convictions of the defendant shall be scored according to this section.(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.(g) This subsection applies to both adult and juvenile prior convictions.(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.

FederalThis convictionsact is necessary for offensesthe shallimmediate bepreservation classifiedof accordingthe topublic peace, health, or safety, or support of the comparablestate offensegovernment definitionsand its existing public institutions, and sentencestakes providedeffect byMarch Washington31, law.2020.--- END ---

If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score.

The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used.

The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense.

Use the conviction for the offense that yields the highest offender score.(b) As used in this subsection (5), "served concurrently" means that:

(i) The latter sentence was imposed with specific reference to the former;

(ii) the concurrent relationship of the sentences was judicially imposed;

and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

When these convictions are used as criminal history, score them the same as a completed crime.(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.(9) If the present conviction is for a serious violent offense, count three points for prior adult and juvenile convictions for crimes in this category, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section;

however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.(11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault;

for each felony offense count one point for each adult and 1/2 point for each juvenile prior conviction;

for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult and 1/2 point for each juvenile prior conviction;

count one point for each adult and 1/2 point for each juvenile prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug.(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult or juvenile prior conviction for homicide by watercraft or assault by watercraft;

for each felony offense count one point for each adult and 1/2 point for each juvenile prior conviction;

count one point for each adult and 1/2 point for each juvenile prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction and two points for each juvenile manufacture of methamphetamine offense.