Revised Code of Washington
Chapter 13.40 - Juvenile Justice Act of 1977.
13.40.190 - Disposition order—Restitution for loss or damage—Modification of restitution order.

RCW 13.40.190
Disposition order—Restitution for loss or damage—Modification of restitution order.

(1)(a) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted.
(b) Restitution may include the costs of counseling reasonably related to the offense.
(c) The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter.
(d) The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. If the court determines that a juvenile has insufficient funds to pay and upon agreement of the victim, the court may order performance of a number of hours of community restitution in lieu of monetary penalty, at the rate of the then state minimum wage per hour. The court shall allow the victim to determine the nature of the community restitution to be completed when it is practicable and appropriate to do so. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday and, during this period, the restitution portion of the dispositional order may be modified as to amount, terms, and conditions at any time. Prior to the expiration of the ten-year period, the juvenile court may extend the judgment for the payment of restitution for an additional ten years. If the court grants a respondent's petition pursuant to RCW 13.50.260, the court's jurisdiction under this subsection shall terminate.
(e) Nothing in this section shall prevent a respondent from petitioning the court pursuant to RCW 13.50.260 if the respondent has paid the full restitution amount stated in the court's order and has met the statutory criteria.
(f) If the respondent participated in the crime with another person or other persons, the court may either order joint and several restitution or may divide restitution equally among the respondents. In determining whether restitution should be joint and several or equally divided, the court shall consider the interest and circumstances of the victim or victims, the circumstances of the respondents, and the interest of justice.
(g) At any time, the court may determine that the respondent is not required to pay, or may relieve the respondent of the requirement to pay, full or partial restitution to any insurance provider authorized under Title 48 RCW if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution to the insurance provider.
(2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.
(3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. The county clerk shall make restitution disbursements to victims prior to payments to any insurance provider under Title 48 RCW.
(4) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged. "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.
(5) A respondent under obligation to pay restitution may petition the court for modification of the restitution order for good cause shown, including inability to pay.

[ 2015 c 265 § 6; 2014 c 175 § 7; 2010 c 134 § 1; 2004 c 120 § 6. Prior: 1997 c 338 § 29; 1997 c 121 § 9; 1996 c 124 § 2; 1995 c 33 § 5; 1994 sp.s. c 7 § 528; 1987 c 281 § 5; 1985 c 257 § 2; 1983 c 191 § 9; 1979 c 155 § 69; 1977 ex.s. c 291 § 73.]
NOTES:

Finding—Intent—2015 c 265: See note following RCW 13.50.010.


Findings—Intent—2014 c 175: See note following RCW 13.50.010.


Effective date—2004 c 120: See note following RCW 13.40.010.


Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.


Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.


Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.


Effective date—1987 c 281: See note following RCW 7.68.020.


Severability—1985 c 257: See note following RCW 13.34.165.


Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.


Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

Structure Revised Code of Washington

Revised Code of Washington

Title 13 - Juvenile Courts and Juvenile Offenders

Chapter 13.40 - Juvenile Justice Act of 1977.

13.40.010 - Short title—Intent—Purpose.

13.40.020 - Definitions (as amended by 2021 c 206).

13.40.030 - Security guidelines—Legislative review—Limitations on permissible ranges of confinement.

13.40.0351 - Equal application of guidelines and standards.

13.40.0357 - Juvenile offender sentencing standards.

13.40.038 - County juvenile detention facilities—Policy—Detention and risk assessment standards.

13.40.040 - Taking juvenile into custody, grounds—Detention of, grounds—Detention pending disposition—Release on bond, conditions—Bail jumping.

13.40.042 - Detention of juvenile suffering from mental disorder or substance use disorder.

13.40.045 - Escapees—Arrest warrants.

13.40.050 - Detention procedures—Notice of hearing—Conditions of release—Consultation with parent, guardian, or custodian.

13.40.054 - Probation bond or collateral—Modification or revocation of probation bond.

13.40.056 - Nonrefundable bail fee.

13.40.060 - Jurisdiction of actions—Transfer of case and records, when—Change in venue, grounds.

13.40.070 - Complaints—Screening—Filing information—Diversion—Modification of community supervision—Notice to parent or guardian—Probation counselor acting for prosecutor—Referral to community-based, restorative justice, mediation, or reconciliation...

13.40.077 - Recommended prosecuting standards for charging and plea dispositions.

13.40.080 - Diversion agreement—Scope—Limitations—Restitution orders—Divertee's rights—Diversion unit's powers and duties—Interpreters—Modification.

13.40.085 - Diversion services costs—Fees—Payment by parent or legal guardian.

13.40.087 - Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.

13.40.090 - Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.

13.40.100 - Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—Contempt of court, when.

13.40.110 - Hearing on question of declining jurisdiction—Held, when—Findings.

13.40.120 - Hearings—Time and place.

13.40.127 - Deferred disposition.

13.40.130 - Procedure upon plea of guilty or not guilty to information allegations—Notice—Adjudicatory and disposition hearing—Disposition standards used in sentencing.

13.40.135 - Sexual motivation special allegation—Procedures.

13.40.140 - Juveniles entitled to usual judicial rights—Notice of—Open court—Privilege against self-incrimination—Waiver of rights, when.

13.40.150 - Disposition hearing—Scope—Factors to be considered prior to entry of dispositional order.

13.40.160 - Disposition order—Court's action prescribed—Disposition outside standard range—Right of appeal—Special sex offender disposition alternative.

13.40.162 - Special sex offender disposition alternative.

13.40.165 - Substance use disorder or mental health disposition alternative.

13.40.180 - Single disposition order—Consecutive terms when two or more offenses—Limitations—Separate disposition order—Concurrent period of community supervision.

13.40.185 - Disposition order—Confinement under departmental supervision or in juvenile facility, when.

13.40.190 - Disposition order—Restitution for loss or damage—Modification of restitution order.

13.40.192 - Legal financial obligations—Enforceability—Treatment of obligations upon age of eighteen or conclusion of juvenile court jurisdiction—Extension of judgment—Petition for modification or relief.

13.40.193 - Firearms—Length of confinement.

13.40.196 - Firearms—Special allegation.

13.40.198 - Penalty assessments—Jurisdiction of court.

13.40.200 - Violation of order of restitution, community supervision, fines, penalty assessments, or confinement—Modification of order after hearing—Scope—Rights—Use of fines.

13.40.205 - Release from physical custody, when—Authorized leaves—Leave plan and order—Notice.

13.40.210 - Setting of release date—Administrative release authorized, when—Parole program, revocation or modification of, scope—Intensive supervision program—Parole officer's right of arrest.

13.40.212 - Intensive supervision program—Elements.

13.40.213 - Juveniles alleged to have committed offenses of prostitution or prostitution loitering—Diversion.

13.40.215 - Juveniles found to have committed violent or sex offense or stalking—Notification of discharge, parole, leave, release, transfer, or escape—To whom given—School attendance—Definitions.

13.40.217 - Juveniles adjudicated of sex offenses—Release of information authorized.

13.40.219 - Arrest for prostitution or prostitution loitering—Alleged offender—Victim of severe form of trafficking, commercial sex abuse of a minor.

13.40.230 - Appeal from order of disposition—Jurisdiction—Procedure—Scope—Release pending appeal.

13.40.240 - Construction of RCW references to juvenile delinquents or juvenile delinquency.

13.40.250 - Traffic infraction, transit infraction, and civil infraction cases—Diversion agreements.

13.40.265 - Firearm, alcohol, and drug violations.

13.40.280 - Transfer of juvenile to department of corrections facility—Grounds—Hearing—Term—Retransfer to a facility for juveniles.

13.40.285 - Juvenile offender sentenced to terms in juvenile and adult facilities—Transfer to department of corrections—Term of confinement.

13.40.300 - Commitment of juvenile beyond age twenty-one prohibited—Exceptions—Commitment up to age twenty-five permitted under certain circumstances—Jurisdiction of juvenile court after juvenile's eighteenth birthday.

13.40.301 - Department to protect younger children in confinement from older youth confined pursuant to 2018 c 162.

13.40.305 - Juvenile offender adjudicated of theft of motor vehicle, possession of stolen vehicle, taking motor vehicle without permission in the first degree, taking motor vehicle without permission in the second degree—Local sanctions—Evaluation.

13.40.308 - Juvenile offender adjudicated of taking motor vehicle without permission in the first degree, theft of motor vehicle, possession of a stolen vehicle, taking motor vehicle without permission in the second degree—Minimum sentences.

13.40.310 - Transitional treatment program for gang and drug-involved juvenile offenders.

13.40.320 - Juvenile offender basic training camp program.

13.40.400 - Applicability of RCW 10.01.040 to chapter.

13.40.430 - Disparity in disposition of juvenile offenders—Data collection.

13.40.460 - Juvenile rehabilitation programs—Administration.

13.40.462 - Reinvesting in youth program.

13.40.464 - Reinvesting in youth program—Guidelines.

13.40.466 - Reinvesting in youth account.

13.40.468 - Juvenile rehabilitation administration—State quality assurance program.

13.40.470 - Vulnerable youth committed to residential facilities—Protection from sexually aggressive youth—Assessment process.

13.40.480 - Student records and information—Reasons for release—Who may request.

13.40.500 - Community juvenile accountability programs—Findings—Purpose.

13.40.510 - Community juvenile accountability programs—Establishment—Proposals—Guidelines.

13.40.511 - Community juvenile accountability programs—Stop loss policy—Funding for juvenile courts—Report to legislature.

13.40.520 - Community juvenile accountability programs—Grants.

13.40.530 - Community juvenile accountability programs—Effectiveness standards.

13.40.540 - Community juvenile accountability programs—Information collection—Report.

13.40.550 - Community juvenile accountability programs—Short title.

13.40.560 - Juvenile accountability incentive account.

13.40.570 - Sexual misconduct by state employees, contractors.

13.40.580 - Youth courts—Diversion.

13.40.590 - Youth court programs.

13.40.600 - Youth court jurisdiction.

13.40.610 - Youth court notification of satisfaction of conditions.

13.40.620 - Appearance before youth court with parent, guardian, or legal custodian.

13.40.630 - Youth court dispositions.

13.40.640 - Youth court nonrefundable fee.

13.40.650 - Use of restraints on pregnant youth in custody—Allowed in extraordinary circumstances.

13.40.651 - Use of restraints on pregnant youth in custody—Provision of information to staff and pregnant youth in custody.

13.40.660 - Exchange of intimate images by minors—Findings—Work group.

13.40.720 - Imposition of legal financial obligations—City, town, or county authority.

13.40.730 - Community transition services program.

13.40.735 - Planned release—Notice to health care insurance provider.

13.40.740 - Juvenile access to an attorney.

13.40.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.