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Probation

 
Community Supervision (Probation)

At the Disposition (Sentencing) Hearing, the judge decides the penalty for the juvenile who committed an offense.  This decision becomes the Disposition Order, and usually includes Community Supervision/Probation by a probation officer.  The probation officer’s job is to assure that the juvenile is adhering to all Court Orders through regular meetings and monitoring.

At the first meeting with the assigned probation officer, a Community Supervision Contract will be drawn up by the P.O. and signed by the juvenile.   To assign the appropriate level of supervision, the P.O. will complete the Washington State Juvenile Court Administrator’s Risk Assessment tool.  This tool identifies risk and protective factors in the juvenile’s life, and guides the design of a unique case plan specific to the necessary interventions and support factors needed for each juvenile.

The purpose of community supervision is to hold the juvenile offender accountable for their actions, by engaging them in their own change process.  

The goal is for offenders to leave the justice system better off than when they entered.  This includes having satisfied the needs of their victims, paid back the community for their crime(s), and developed competencies or skills that make them unlikely to commit additional crimes.

Local Sanctions Probation:

"Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community restitution; or (d) $0-$500 fine.  As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following: (a) Community-based sanctions; (b) Community-based rehabilitation; (c) Monitoring and reporting requirements; (d) Posting of a probation bond;

Deferred Disposition :

A juvenile is eligible for deferred disposition unless he or she: (a) Is charged with a sex or violent offense; (b) Has a criminal history which includes any felony; (c) Has a prior deferred disposition or deferred adjudication; or(d) Has two or more adjudications.

Any juvenile who agrees to a deferral of disposition shall (a) Stipulate to the admissibility of the facts contained in the written police report; (b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision; and Waive the following rights to:
A speedy disposition; and call and confront witnesses.

The adjudicatory hearing shall be limited to a reading of the court's record. Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.

Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section.

A juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. If a juvenile fails to comply with terms of supervision, the court shall enter an order of disposition.

At the conclusion of the period set forth in the order of deferral and upon a finding by the court of full compliance with conditions of supervision and payment of full restitution, the respondent's conviction shall be vacated and the court shall dismiss the case with prejudice, except that a conviction under RCW 16.52.205 shall not be vacated.