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Fill and Sign the Deferred Disposition Form

Fill and Sign the Deferred Disposition Form

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Superior Court of Washington County of _______________________ Juvenile Court STATE OF WASHINGTON v. Respondent. D.O.B.: No : Deferred Disposition Order (ORDFD) Clerk’s Action Required: Paragraphs 3.16 through 3.25 I. Hearing 1.1 Respondent appeared for a disposition hearing pursuant to RCW 13.40.127 on ______________________________ [Date]. The respondent asked the court for deferred disposition at least 14 days prior to the beginning of the trial. The court waived the 14 day requirement for good cause. 1.2 Persons appearing at the hearing were: Respondent Parent Pros. Atty. Parent Prob. Counsl. Other Resp. Atty. 1.3 Testimony was taken. II. Findings 2.1 The court found the respondent guilty of: Count Offense: Committed on or about: Count Offense: Committed on or about: Count Offense: Committed on or about: GV For the offense(s) charged in count(s) __________, domestic violence was pled and proved, RCW 10.99.020 2.2 The respondent meets the requirements of RCW 13.40.127 and qualifies for a deferred disposition. 2.3 The court has consulted with all interested parties. 2.4 The court has considered whether both the juvenile offender and the community will benefit from this deferred disposition. Ord of Def Disposition (ORDFD) - Page 1 of 6 WPF JU 07.1320 (06/2018) - RCW 13.40.127 2.5 The court took into consideration the facts contained in the police report and/or probable cause affidavit and the Statement of Juvenile for Deferred Disposition. The record supports a finding of guilt as to each count, and the court finds the juvenile guilty of each count. 2.6 The respondent committed a felony firearm offense as defined in RCW 9.41.010, and: The respondent should register as a felony firearm offender. The court considered the following factors in making this determination: the respondent’s criminal history. whether the respondent has previously been found not guilty by reason of insanity of any offense in this state or elsewhere. evidence of the respondent’s propensity for violence that would likely endanger persons. other: _________________________________________________________ . The respondent must register as a felony firearm offender because the offense was committed in conjunction with an offense committed against a person under the age of 18, or a serious violent offense or offense involving sexual motivation as defined in RCW 9.94A.030. III. Order It is Hereby Ordered that disposition of Count(s) ________________________________ of the Information be deferred for a period of ______________________________________ months until ______________________________ upon the following conditions (only those paragraphs with boxes checked apply): 3.1 Community Supervision for _______________ months, effective ____________________. A. Respondent shall refrain from committing new offenses. B. Respondent shall comply with the Mandatory School Attendance provisions of RCW 28A.225 and inform respondent’s school of the existence of this requirement. C. Respondent shall perform ______ hours of Community Restitution Work , at a minimum rate of ________ hours per month, to be completed not later than _____________________. The probation counselor may modify this rate in writing. 3.2 Crime Victim’s Community Restitution (Service) Work : The following offenses involved a “victim” as defined in RCW 7.68.020 and are not a most serious offense or a sex offense. Therefore, pursuant to RCW 7.68.035, the court shall order up to seven (7) hours of community restitution per offense unless the court finds such an order not practicable for the offender. This crime victim’s community service work is consecutive to itself and to any other community service work imposed in this order: Count:____ ______ Hours community restitution (service – 0 to 7 hours) Count:____ ______ Hours community restitution (service – 0 to 7 hours) Count:____ ______ Hours community restitution (service – 0 to 7 hours) 3.3 Respondent is ordered to Possess No Weapons during this period of community supervision. Probation counselor is authorized to search respondent and items carried or controlled by respondent at scheduled appointments and other reasonable times and may specify in writing further details of this prohibition. 3.4 Counseling and/or information classes, as directed by the supervising probation counselor, including: ___________________________________________________________________ ___________________________________________________________________. Ord of Def Disposition (ORDFD) - Page 2 of 6 WPF JU 07.1320 (06/2018) - RCW 13.40.127 3.5 School/educational/vocational program, as directed by the supervising probation counselor, including: ____________________________________________________________________ ____________________________________________________________________. 3.6 No use and/or possession of alcohol or illegal substances, including random urinalysis at the discretion of the supervising probation counselor. 3.7 Drug/alcohol assessment and follow-up treatment at the direction of the supervising probation counselor. 3.8 Respondent shall obtain a mental health assessment and shall comply with treatment recommendations unless otherwise ordered by the court. 3.9 No contact with the following victim(s) _________________________________________ _______________________________________________________________________. 3.10 No contact with the co-defendant(s): ______________________________________________________________________. 3.11 Report to and maintain contact with the supervising probation counselor as directed. 3.12 Reside in the home of the respondent’s parent(s) or guardian or at other placement approved by the supervising probation counselor. 3.13 Keep the supervising probation counselor advised of the respondent’s current address and telephone number. 3.14 Commit no further law violations. 3.15 Submit to a curfew of ______________________________, which may be monitored by electronic monitoring at the discretion of the supervising probation counselor. 3.16 Respondent is ordered to pay: FFJ Fine of $________________________. PJC $100 CVC Fee for Most Serious Offense - Pursuant to RCW 7.68.035, a mandatory Crime Victim’s Compensation Fee of $100 is imposed because one or more of the offenses involve a most serious offense as defined by RCW 9.94A.030 . Restitution is as follows (include name and address): Victim _____________________________________ Amount: $__________________ _____________________________________ Victim _____________________________________ Amount: $__________________ _____________________________________ Victim _____________________________________ Amount: $__________________ _____________________________________ add to order Adj & dispo Restitution liability ordered: is joint and several with (name/case/referral no) _____________________________________________________. has been equally divided and the amount ordered is the separate obligation of this offender only . Ord of Def Disposition (ORDFD) - Page 3 of 6 WPF JU 07.1320 (06/2018) - RCW 13.40.127 Restitution shall be payable as follows: At a rate of $__________ per month total (if not checked, no payment plan is set at this time; however, a payment schedule and rate may be set at a later date if requested by the juvenile .) Payable at a rate to be determined by the supervising probation counselor. The court finds the respondent has insufficient funds to pay the full monetary restitution. The victim/s: __________________________________________________________, agreed that the restitution owed to the victim/s may be converted to community restitution hours. It was was not practicable and appropriate to let the victim/s determine the nature of the community restitution. $ __________ of restitution is converted to community restitution hours at a 1:1 hourly state minimum wage rate. The respondent shall perform _______________ hours of community restitution at any appropriate court-approved venue a venue consistent with the nature of the community restitution recommended by the victim/s which is ____________________________________. 3.17 HIV Testing : Count _______ is a prostitution offense, or a drug offense associated with hypodermic needles, and therefore, Respondent is required to undergo testing for the human immunodeficiency (HIV/AIDS) virus pursuant to RCW 70.24.340. 3.18 DNA Testing . The respondent shall have a biological sample collected for purposes of DNA identification analysis and the respondent shall fully cooperate in the testing. The appropriate agency shall be responsible for obtaining the sample. This paragraph does not apply if it is established that the Washington State Patrol crime laboratory already has a sample from the respondent for a qualifying offense. RCW 43.43.754. 3.19 Firearm Prohibition : As a result of the adjudication of guilt as to: (1) a felony; or, (2) one or more of the following crimes committed by one family or household member against another: Fourth Degree Assault, Coercion, Stalking, Reckless Endangerment, Criminal Trespass in the First Degree, Violation of the provisions of a Protection Order or No-Contact Order restraining the person or excluding the person from a residence; or, (3) Harassment committed by one family or household member against another, committed on or after June 7, 2018; respondent shall not use or possess a firearm, and under federal law any firearm or ammunition, until his or her right to do so is restored by the court in which respondent is adjudicated or the superior court in Washington State where the respondent lives, and by a federal court if required. The court clerk is directed to immediately forward a copy of the respondent’s driver’s license or identicard, or comparable information, along with the date of conviction, to the Department of Licensing. RCW 9.41.047. 3.20 Felony Firearm Offender Registration : The respondent must register as a felony firearm offender. The specific registration requirements are in the “Felony Firearm Offender Registration” Attachment. 3.21 Unlawful Possession of a Firearm in the 1st or 2 nd Degree: Respondent has been adjudicated for Unlawful Possession of a Firearm in the First or Second Degree. Under RCW 13.40.193(2), respondent must participate in a qualifying program of Aggression Replacement Training (ART), Functional Family Therapy (FFT), or, another cost-beneficial, evidence or research-based program as directed by his or her supervising probation counselor. Based upon the juvenile court risk assessment, the court determines that participation in a qualifying program would not be appropriate. Ord of Def Disposition (ORDFD) - Page 4 of 6 WPF JU 07.1320 (06/2018) - RCW 13.40.127 3.22 Suspension/Revocation of Driving Privilege : Department of Licensing notification is required because: Over 13 & Alcohol, Drugs, UPFA

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