Other Languages1. When a person is charged with a sex crime before his or her eighteenth birthday and is later convicted and receives a "special sex offender sentencing alternative", the state Department of Corrections is financially responsible for any treatment associated with the sentencing alternative. 2. When a person is charged with a sex crime before his or her eighteenth birthday and is later convicted and receives a "special sex offender sentencing alternative", the financial obligation of the Department of Corrections to pay for treatment continues after the person reaches the age of eighteen.
The only diversion procedures for juvenile offenders which may be said either to be authorized by, or consistent with, the provisions of the Juvenile Justice Act of 1977 (as amended) are those procedures outlined in RCW 13.40.080 and, in turn, described by this office in AGO 1978 No. 30.
RCW 70.24.340 provides for mandatory HIV testing and counseling for persons convicted of a sexual offense under chapter 9A.44 RCW. A juvenile is not convicted of a sexual offense under chapter 9A.44 RCW. Rather, a juvenile is adjudge to have committed an offense under the Juvenile Justice Act, RCW 13.40.0357 (Schedule A). Therefore, the testing and counseling requirement in RCW 70.24.340 does not apply to juveniles adjudged to have committed sexual offenses pursuant to the Juvenile Justice Act.
RCW 9.41.040(1) does not prohibit a person, found in juvenile court to have committed an offense, from purchase and possession of a handgun, or the issuance of a concealed weapon permit. City and county law enforcement agencies may refuse issuance of a concealed weapon permit to any person who admits, orally or in writing, his intent to commit a crime in the future with or without a handgun. The Public Disclosure Act allows public inspection of copies of concealed weapon permit applications for handgun purchases.
Where an information charging criminal conduct by a juvenile offender has been properly filed by the prosecuting attorney as authorized under RCW 13.40.070, the superior court is not authorized then to declare the accused eligible to enter into a diversion agreement pursuant to RCW 13.40.080 rather than adjudicating his or her innocence or guilt.
While the provisions of chapter 291, Laws of 1977, 1st Ex. Sess., relating to juvenile offenders, do not impliedly amend or repeal so much of § 1, chapter 259, Laws of 1977, 1st Ex. Sess., as requires the fingerprinting of juveniles adjudged to be delinquent based upon conduct which would be a felony if committed by an adult, one result of chapter 291, when it goes into effect on July 1, 1978, will be the elimination of that particular classification of individuals (i.e., a juvenile found to be delinquent) upon which chapter 259 will, in the meantime, operate; accordingly, on and after July 1, 1978, the fingerprinting of juvenile offenders will be permissive rather than mandatory.
(1) Juveniles under the age of 16 who have been remanded to the superior court for trial by the superior court on a criminal charge may not be detained in either a county or city jail pending trial even if they are kept separate and apart from the adult prisoners. (2) Juveniles between the ages of 16 and 18 who have been remanded to the superior court for trial on a criminal charge may be detained in either a city or county jail pending trial but they should be kept separate and apart from adult prisoners whenever possible. (3) The fact that the juvenile is charged with a violation of a city ordinance does not affect the answers to the first two questions.