AGO Opinion Topics: PUNISHMENT

RCW 13.40.265(2)(a) provides that if a juvenile enters into a diversion agreement with a diversion unit concerning certain offenses, the Department of Licensing shall be notified.  Once notified RCW 46.20.265 requires the Department to revoke the driver's license of the juvenile.  These provisions do not apply when the diversion unit employs the counsel and release procedure authorized by RCW 13.40.080(11) instead of entering into a diversion agreement.

1.  RCW 28A.305.130(8) empowers the State Board of Education to adopt rules to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.  RCW 28A.305.130(8) does not authorize the State Board to adopt a rule prohibiting corporal punishment in the public schools. 2.  RCW 28A.305.160 empowers the State Board of Education to adopt rules prescribing the substantive and procedural due process guarantees of pupils in the common schools.  RCW 28A.305.160 does not authorize the State Board to adopt a rule prohibiting corporal punishment in the public schools.  RCW 28A.305.160 does empower the State Board to adopt rules to ensure that corporal punishment is reasonable and moderate.

The Washington State Board of Prison Terms and Paroles is not required to fix a mandatory minimum prison term under RCW 9.95.040 in those cases where a conviction is accompanied only by a special finding, entered pursuant to the provisions of RCW 9.41.025, that the individual in question was armed with a firearm at the time of the commission of his offense; in order for the Board's discretion to be so restricted there must, either in addition or instead, be a special finding entered pursuant to RCW 9.95.015 specifying that the individual was armed with a deadly weapon at the time of commission of the crime.

Where a person is convicted of a gross misdemeanor and sentenced while serving a sentence for a prior gross misdemeanor and the court fails to specify in pronouncing the sentence whether or not the sentences shall run concurrently, the second sentence shall run concurrently with the balance remaining to be served on the first.

1. The crime of fraudulently obtaining public assistance must be charged under RCW 74.08.330 in the public assistance title. 2.  That crime may not be punished as a grand larceny, but only as a gross misdemeanor.