SB 6550 — Concerning diversion of juvenile offenses.

S-4646.1SUBSTITUTES-4134.1SENATE SENATE BILL 6550State of Washington65th Legislature2018 Regular SessionBy Senate Human Services & Corrections (originally sponsored by Senators Darneille and Saldaña)READSaldañaRead FIRSTfirst TIMEtime 02/02/18.AN01/24/18. ACT Relating to diversion of juvenile offenses;

Referred to Committee on Human Services & Corrections.AN ACT Relating to diversion of juvenile offenses;

and(b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.(2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.(3) If the requirements of subsection((s))subsections (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5),(5)((,)) (6),and (6)((, and (8)(8))) of this section.

It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.(5) ((Except as provided in RCW 13.40.213 and subsection (7) of this section, where a case is legally sufficient,))sufficient, Thethe prosecutor shall file an information with the juvenile court if((:(a)if:(a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.411(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or a class C felony that is a violation of RCW 9.41.080 or 9.41.040(2)(a)(iv);

or(d)))or(d) anAn alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion((;diversion;

or(f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed)).(6)committed.(6))) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation.

If the alleged offender is charged with a related offense that ((must or)) may be filed under subsectionssubsection((s (5) and (8)(8))) (6) of this section, a case under this subsection may also be filed.(7)filed.(((7) Where a case is legally sufficient to charge an alleged offender with:(a) Either prostitution or prostitution loitering and the alleged offense is the offender's first prostitution or prostitution loitering offense, the prosecutor shall divert the case;

or(b) Voyeurism in the second degree, the offender is under seventeen years of age, and the alleged offense is the offender's first voyeurism in the second degree offense, the prosecutor shall divert the case, unless the offender has received two diversions for any offense in the previous two years.(8)years.(8))) (6) Where a case is legally sufficient and falls((falls)) does not fall into neither((neither)) subsection (5) nor((nor (6)(6))) of this section, it may be filed or diverted.

In deciding whether to file or divert an offense under this section the prosecutor ((shall)) may be guided ((only)) by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.(9)offense.(((9))) (7) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversion interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile.

Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversion unit, the victim shall be notified of the referral and informed how to contact the unit.(10)unit.(((10))) (8) The responsibilities of the prosecutor under subsections (1) through (9)(((9))) (7) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.(11)complaints.(((11))) (9) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to community-based programs, restorative justice programs, mediation, or victim offender reconciliation programs.

Such mediation or victim offender reconciliation programs shall be voluntary for victims.(12)victims.(10) Prosecutors and juvenile courts are encouraged to engage with and partner with community-based programs to expand, improve, and increase options to divert youth from formal processing in juvenile court. Nothing in this chapter should be read to limit partnership with community-based programs to create diversion opportunities for juveniles.Sec. 2.  RCW 13.40.020 and 2016 c 136 s 2 and 2016 c 106 s 1 are each reenacted and amended to read as follows:For the purposes of this chapter:(1) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse, or co-occurring mental health and substance abuse disorders, and recommendations for treatment.