Fill and Sign the Ju 070800 Order on Adjudication and Disposition Washington Form

Superior Court of Washington County of _______________________ Juvenile Court State of Washington v. Respondent. D.O.B.: No : Order on Adjudication and Disposition (ORD) Clerk’s Action Required. Paragraphs 1.3 , 4.1, 4.6, 4.11, 4.14, 4.15, 4.16, 4.17, 4.18, 4.19, 4.20 , 4.23 I. Hearing 1.1 Respondent appeared for a disposition hearing on __________________ [Date]. 1.2 Persons appearing were: Respondent Parent Pros. Atty. Parent Prob. Counsl. Other Resp. Atty. 1.3 The court heard evidence and argument, reviewed the files, and now enters the following: II. Findings of Fact Respondent pled guilty to: Count Offense: Committed on or about: Count Offense: Committed on or about: Count Offense: Committed on or about: Respondent was found guilty at an adjudicatory hearing of: Count Offense: Committed on or about: Count Offense: Committed on or about: Count Offense: Committed on or about: The state failed to prove the following offense(s) and count(s) ___________________________ ____________________________________________________________________________. GV For the offense(s) charged in count(s) __________, domestic violence was pled and proved, RCW 10.99.020 Same Course of Conduct . The conduct in count(s) _____________________________ is the same course of conduct. ORDER ON ADJ/DISP (ORD) - Page 1 of 10 WPF JU 07.0800 (06/2018) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 Respondent waived the right to counsel, arraignment on amended information, and/or speedy disposition. Respondent’s offender score is _______________, which is based upon his/her criminal history. The court considered the respondent’s eligibility for the chemical dependency/mental health disposition alternative. Respondent has declined to enter a Diversion Agreement. Respondent may be ordered to pay restitution pertaining to matters not here adjudicated, and/or Count(s) ______________________, notwithstanding dismissal, because respondent, with counsel, so agreed and stipulated. A sentence within the standard range would constitute a manifest injustice (RCW 13.40.020). The following mitigating factors exist in this case: The respondent’s conduct neither caused nor threatened serious bodily injury, or the respondent did not contemplate that his/her conduct would cause or threaten serious bodily injury. The respondent acted under strong and immediate provocation. The respondent was suffering from a mental or physical condition that significantly reduced his/her culpability for the offense through failing to establish a defense. Prior to his or her detention, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained. There has been at least one year between the respondent’s current offense and any prior criminal offense. Other: _________________________________________________________. The following aggravating factors exist in this case: In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another. The offense was committed in an especially heinous, cruel, or depraved manner. The victim was particularly vulnerable. The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement. The current offense included a finding of sexual motivation pursuant to RCW 13.40.135. The respondent was the leader of a criminal enterprise involving several persons. There are other complaints which have resulted in diversion or a finding or plea of guilty which are not included as criminal history. The standard range disposition is clearly too lenient considering the seriousness of the juvenile’s prior adjudications. Other: . 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. ORDER ON ADJ/DISP (ORD) - Page 2 of 10 WPF JU 07.0800 (06/2018) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 This case was transferred from exclusive adult court jurisdiction by: agreement reduced charge jury verdict Other: _______________________________________________________________________. III. Conclusions of Law Respondent is guilty of the offense(s) as stated in the findings. Respondent is not guilty of the offense(s) as stated in the findings. A sentence within the standard range would constitute a manifest injustice (RCW 13.40.020). Respondent is eligible for the chemical dependency /mental health disposition alternative on Count _________. A standard range disposition for that Count would constitute a manifest injustice. IV. Order It is ordered : 4.1 The state’s motion respondent’s motion to dismiss Count(s) _________________is granted, and those Count(s) are hereby dismissed. Range of Disposition : 4.2 Count_________: Disposition shall be within the standard range. 4.3 Count_________: Disposition within the standard range for this offense would effectuate a manifest injustice. 4.4 Count_________: Disposition shall be within the Special Sex Offender Dispositional Alternative. 4.5. Count_________: Chemical Dependency/Mental Health Disposition Alternative (RCW 13.40.165): Respondent is committed to the Department of Social and Health Services Rehabilitation Administration for a total of ______________ weeks. Disposition is suspended. If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition. 4.6 Option B Suspended Disposition Alternatives (RCW 13.40.0357). (For offenses committed on or after July 27, 2003.) Respondent is committed to the Department of Social and Health Services Rehabilitation Administration for a total ______________ weeks. Days of Confinement ________ Community Service Work _______ Disposition is suspended. If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition. 4.7 Community Supervision Minimum Parole Supervision (if required by statute) : Count:____ ___________Months Supervision beginning:________________ Supervision ending:________________ Count:____ ___________Months Supervision beginning:________________ Supervision ending:________________ Count:____ ___________Months Supervision beginning:________________ Supervision ending:________________ 4.8 Community Restitution (Service) Work: ORDER ON ADJ/DISP (ORD) - Page 3 of 10 WPF JU 07.0800 (06/2018) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 Count:____ ___ Hours community restitution (service) With __________ hours credited for _____________ days served Count:____ ___ Hours community restitution (service) With __________ hours credited for _____________ days served Count:____ ___ Hours community restitution (service) With __________ hours credited for _____________ days served 4.9 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 herein. Count:____ ___ Hours community restitution (service – 0 to 7 hours) Count:____ ___ Hours community restitution (service – 0 to 7 hours) Count:____ ___ Hours community restitution (service – 0to 7 hours) 4.10 Confinement in a Private Residence . (If required by RCW 13.40.308) The respondent shall remain at home, confined in a private residence. If the respondent is enrolled in school, the confinement shall be served on nonschool days : Count:____ ______ Days confinement in a Private Residence Count:____ ______ Days confinement in a Private Residence Count:____ ______ Days confinement in a Private Residence The respondent is subject to electronic monitoring. 4.11 Confinement : Count:______ ___________ Days With credit for __________ days served Count:______ ___________ Days With credit for __________ days served Count:______ ___________ Days With credit for __________ days served Yes No temporary releases from confinement for school, work, medical appointments, etc., are authorized at the discretion of the probation counselor. 4.12 Commitment to the custody of the Department of Social and Health Services Rehabilitation Administration for institutional placement: Count:______ __________ Weeks to __________weeks With credit for __________ days served Count:______ __________ Weeks to __________weeks With credit for __________ days served Count:______ __________ Weeks to __________weeks With credit for __________ days served Respondent shall be held in the detention facility pending transportation. 4.13 Statutory Firearms Enhancements : Unlawful Possession of a Firearm in the 2 nd Degree Under 18: The court finds that respondent possessed a firearm in violation of RCW 9.41.040(2)(a)(iv). The mandatory minimum disposition is 10 days confinement. If the total period of confinement ordered exceeds 30 days, respondent is committed to the custody of JRA to serve the ordered confinement. 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. ORDER ON ADJ/DISP (ORD) - Page 4 of 10 WPF JU 07.0800 (06/2018) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 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. Armed During Commission of A Felony : The court finds that respondent or an accomplice was armed with a firearm while committing a 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), and thus hereby imposes the following confinement in addition to any other sentence imposed herein, and, respondent is committed to the custody of the Rehabilitation Administration to serve said confinement: 6 months (Class A felony) 4 months (Class B felony) 2 months (Class C felony) 12 months (Violent offense committed at age 16 or 17) Armed During Violent Offense at Age 16 or 17 with Gang Involvement : The court finds that: (a) respondent was 16 or 17 years old during the commission of a robbery in the first degree, drive-by shooting, burglary in the first degree, or any violent offense as defined in RCW 9.94A.030; (b) during commission of the offense respondent was armed with a firearm, and, (c) respondent’s participation in the offense is related to membership in a criminal street gang, or advanced a benefit, aggrandizement, gain, profit, or other advantage for a criminal street gang. Therefore, an additional 3 months of confinement is imposed in addition to any other sentence imposed herein, and respondent is committed to the custody of the Rehabilitation Administration to serve said confinement consecutively with any other sentencing enhancement herein. 4.14 Conditions of Supervision : A. The respondent is ordered to refrain from committing new offenses. B. Respondent is further ordered to comply with the mandatory school attendance provisions of RCW 28A.225, and to inform respondent’s school of the existence of this requirement. C. Respondent shall report regularly, and on time, to the assigned probation counselor (or probation counselor’s designee), as the probation counselor shall schedule or direct. D. Respondent shall keep probation counselor informed of respondent’s current address and telephone number and shall notify probation counselor before moving to a different address. E. Respondent shall attend information classes and/or other educational programs, as directed by probation counselor. (Items F through Q apply only if the box is checked) F. Curfew to be set at the discretion of the probation counselor. G. Respondent shall not use or possess firearms, ammunition or other dangerous 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. H. Respondent shall participate in counseling, outpatient substance abuse treatment programs, outpatient mental health programs, sex offender, and/or anger management classes, as probation officer directs. Respondent shall cooperate fully. I. Respondent shall be evaluated for alcohol or other drug dependency at the direction of the probation counselor and shall comply with all treatment recommendations. ORDER ON ADJ/DISP (ORD) - Page 5 of 10 WPF JU 07.0800 (06/2018) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 J. Respondent shall refrain from using illegal drugs and alcohol and is subject to Random Urinalysis as directed by the probation counselor and shall fully cooperate. K. Respondent is ordered not to go upon the following premises or geographic areas: _________________________________________________________________. L. Respondent shall not contact, except through counsel or a probation counselor, the following person(s): _________________________________________________________________ M. Respondent shall reside in a placement approved by the supervising probation counselor or approved by court order. N. Respondent shall not knowingly associate with any person, adult or juvenile, who is under the supervision of any court of this or any other state for any juvenile offense or crime. O. Respondent shall obtain a mental health evaluation and shall comply with treatment recommendations unless otherwise ordered by the court. P. The respondent shall attend all mental health appointments and take medications as prescribed. Q. Other conditions: ________________________________________________________ ______________________________________________________________________ ______________________________________________________________________. The Department of Social and Health Services may consent to necessary medical, surgical, dental or psychiatric care for respondent, including immunization required for public school students. 4.15 Respondent is ordered to pay: FFJ A Fine of $_______________, which respondent shall pay as scheduled by probation officer. PJC $100 CVC Fee for Most Serious and/or Sex 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, or a sex offense under chapter 9A.44. Pursuant to RCW 43.43.7541 and 43.43.754 – A one-time mandatory DNA Fee of $100 is imposed. No DNA fee is imposed as DNA has already been collected as a result of a prior conviction. Restitution in the total sum of $_______________ for victim(s) (include name and address): ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________. A hearing to confirm restitution discovery is set for _____________________________. A restitution hearing is set for _____________________________________________. Rehabilitation Administration is ordered to provide transportation of respondent to and from the above-ordered restitution hearing. The respondent waives his/her right to be present at the restitution hearing. Restitution liability ordered: is joint and several with: __________________________ has been equally divided and the amount ordered is the separate obligation of this offender, only. The respondent is ordered to reimburse ______________________(name of electronic monitoring agency) at _____________________________________________________, for the cost of pre-adjudication electronic monitoring in the amount of $______________. ORDER ON ADJ/DISP (ORD) - Page 6 of 10 WPF JU 07.0800 (06/2018) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 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 __________________________. Monetary amounts ordered shall be paid at the rate of at least $_______________ per month. The probation officer may revise this schedule in writing. All payments shall be paid as follows: _____________________________________________ ____________________________________________________________________________. Respondent shall remain under the court’s jurisdiction for a maximum term of ten (10) years after respondent’s 18 th birthday or disposition, whichever is earlier (unless extended for an additional 10 years) for the collection of ordered restitution and penalty assessment, unless these amounts have been converted to a civil judgment pursuant to RCW 13.40.192 and/or RCW 13.40.198. While under the court’s jurisdiction, the court may modify the amount, terms, and conditions of restitution for good cause, including inability to pay. The court’s jurisdiction over the collection of restitution will terminate if the court grants the respondent’s petition to seal the records of this case. RCW 13.40.190. 4.16 HIV Testing . The Department of Health or designee shall test and counsel the respondent for HIV as soon as possible and the respondent shall fully cooperate in the testing. RCW 70.24.340. 4.17 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 prior to the respondent’s release from confinement. 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. DNA previously collected in case number ___________________________. 4.18 Jurisdiction is transferred to ______________________________ County for supervision and enforcement of this order. This court retains venue over restitution. When a restitution order is entered, venue will be transferred to the above named county. It is Further Ordered that the clerk of this court shall transfer the case file in this matter to the clerk of __________________________ County Superior Court and the juvenile probation department of this court shall transfer only those legal and social documents pertaining to this matter to the juvenile probation department of ___________ County Superior Court. 4.19 Suspension/Revocation of Driving Privilege : Department of Licensing notification is required because: Over 13 & Alcohol, Drugs, UPFA