Order On Adjudication And Disposition
Order On Adjudication And Disposition Form. This is a Washington form and can be use in Juvenile Court Statewide.
Tags: Order On Adjudication And Disposition, JU 07.0800, Washington Statewide, Juvenile Court
Superior Court of Washington County of _______________________ Juvenile Court No: State of Washington v. Order on Adjudication and Disposition (ORD) Respondent. 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 D.O.B.: I. Hearing 1.1 Respondent appeared for a disposition hearing on __________________ [Date]. 1.2 Persons appearing were: Respondent Pros. Atty. Prob. Counsl. Resp. Atty. 1.3 Parent Parent Other The court heard evidence and argument, reviewed the files, and now enters the following: II. Findings of Fact Respondent pled guilty to: Count Count Count Offense: Offense: Offense: Committed on or about: Committed on or about: Committed on or about: Respondent was found guilty at an adjudicatory hearing of: Count Count Count Offense: Offense: Offense: Committed on or about: Committed on or about: 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 8 WPF JU 07.0800 (06/2012) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 American LegalNet, Inc. www.FormsWorkFlow.com Respondent waived the right to speedy disposition. counsel, arraignment on amended information, and/or Respondent’s offender score is _______________, which is based upon his/her criminal history. The court considered the respondent’s eligibility for the chemical dependency 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: ________________________________________________________________ . 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. ORDER ON ADJ/DISP (ORD) - Page 2 of 8 WPF JU 07.0800 (06/2012) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 American LegalNet, Inc. www.FormsWorkFlow.com A sentence within the standard range would constitute a manifest injustice (RCW 13.40.020). Respondent is eligible for the chemical dependency 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 Disposition Alternative (RCW 13.40.165): Respondent is committed to the Department of Social and Health Services, Juvenile 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, Juvenile 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 Mental Health Disposition Alternative (RCW 13.40.167). (For offenses committed on or after July 27, 2003.) Respondent is committed to the Department of Social and Health Services, Juvenile Rehabilitation Administration for a total of ___________ weeks. Disposition is suspended and the offender is required to participate in the recommended treatment interventions. If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition’s execution. 4.8 Community Supervision statute): Minimum Parole Supervision (if required by Count:____ ___________Months Supervision beginning:________________ Supervision ending:________________ Count:____ ___________Months Supervision beginning:________________ Supervision ending:________________ Count:____ ___________Months Supervision beginning:________________ Supervision ending:________________ ORDER ON ADJ/DISP (ORD) - Page 3 of 8 WPF JU 07.0800 (06/2012) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 American LegalNet, Inc. www.FormsWorkFlow.com Community Restitution (Service) Work: 4.9 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 Confinement in a Private Residence. (If required by RCW 13.40.308) The 4.10 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. Confinement: 4.11 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. Commitment to the custody of the Department of Social and Health Services, Juvenile Rehabilitation Administration for institutional placement: 4.12 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: The court finds that respondent possessed a firearm in violation of RCW 9.41.040(1)(e). In addition to the sentence otherwise imposed herein, respondent is sentenced to __________ days confinement (10 days minimum). If the total period of confinement ordered herein exceeds 30 days, respondent is committed to the custody of JRA to serve the ordered confinement. The court finds that respondent or an accomplice was armed with a firearm while committing a felony, and thus hereby imposes: 6 months (Class A felony) 4 months (Class B felony) 2 months (Class C felony) confinement in addition to any other sentence imposed herein and respondent is committed to the custody of JRA to serve said confinement. Any term of confinement ordered in this paragraph 4.12 shall run consecutively to any other term of confinement ordered. ORDER ON ADJ/DISP (ORD) - Page 4 of 8 WPF JU 07.0800 (06/2012) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 American LegalNet, Inc. www.FormsWorkFlow.com 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. F. (Items F through Q apply only if the box is checked) 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. 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. ORDER ON ADJ/DISP (ORD) - Page 5 of 8 WPF JU 07.0800 (06/2012) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 American LegalNet, Inc. www.FormsWorkFlow.com 4.15 Respondent is ordered to pay: A Fine of $_______________, which respondent shall pay as scheduled by probation officer. Domestic Violence Assessment of $ _________ (up to $100 maximum). Victims’ Compensation Fund statutory Assessment: $100 $75 Pursuant to RCW 43.43.7541 and 43.43.754, Mandatory DNA Fee: $100 Pursuant to RCW 43.43.690 Washington crime laboratory fees: Pursuant to RCW 9.68A.105 or 9A.88.120 fee of $______________ shall not exceed 2/3 of the maximum amount.) $100 Waived. Waived (Waiver 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 _____________________________________________. Juvenile 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 is joint and several with: ______________________________________________________________________. The respondent is ordered to reimburse ______________________(name of electronic monitoring agency) at _____________________________________________________, for the cost of preadjudication electronic monitoring in the amount of $______________. 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: _____________________________________________ ____________________________________________________________________________. The financial restitution obligations imposed in this judgment shall bear interest from the date of the judgment until payment in full, at the rate applicable to civil judgments. RCW 10.82.090. The court waives imposes clerk’s trust account fees and interest on other financial obligations imposed in this judgment. Respondent shall remain under the court’s jurisdiction for a maximum term of ten (10) years after respondent’s 18th birthday (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. 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 ORDER ON ADJ/DISP (ORD) - Page 6 of 8 WPF JU 07.0800 (06/2012) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 American LegalNet, Inc. www.FormsWorkFlow.com that the Washington State Patrol crime laboratory already has a sample from the respondent for a qualifying offense. RCW 43.43.754. 4.18 Jurisdiction is Transferred to ______________________________ County for This court retains venue over restitution. supervision and enforcement of this order. 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 Driver’s License Revocation: The court finds that Count ________ is a felony in the commission of which a motor vehicle was used; or the unlawful possession of a firearm in a motor vehicle; or unlawful possession of a firearm 2nd; or _______________________________________. The court clerk is directed to immediately forward an Abstract of Court Record to the Department of Licensing, which must revoke the defendant’s driver’s license. RCW 46.20.265, RCW 9.41.040(5), RCW 46.20.285, RCW 13.40.265. 4.20 Felony Firearm Prohibition: Respondent shall not use or possess a firearm, and under federal law any firearm or ammunition, until his or her right to do so is restored by the court in which the respondent was adjudicated or the superior court in Washington State where the respondent lives, and by a federal court if required. The court clerk is directed to immediately forward a copy of the respondent’s driver’s license or identicard, or comparable information, along with the date of conviction, to the Department of Licensing. RCW 9.41.047. 4.21 Offender Registration: Because this crime involves a sex offense, or a kidnapping offense involving a minor as defined in RCW 9A.44.128, the respondent must register. The specific registration requirements are set forth in the “Offender Registration” Attachment. 4.22 Bail: Bail in the amount of $_________________ is 4.23 Other Orders: _______________________________________________________ exonerated forfeited. ______________________________________________________________________ ______________________________________________________________________. Dated: __________________________________ _______________________________________ Judge/Commissioner ______________________________________ _ Print Name: Presented by: Administrative Memorandum ________________________________________ Deputy Prosecuting Attorney Does conviction require license or permit markup? Yes No License or permit marked in manner authorized by Department of Licensing? Yes No ________________________________________ Print Name WSBA No. RCW 46.20.270 ORDER ON ADJ/DISP (ORD) - Page 7 of 8 WPF JU 07.0800 (06/2012) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 American LegalNet, Inc. www.FormsWorkFlow.com Copy Received; Approved for Entry; Notice of Presentation Waived: ______________________________________ Attorney for Respondent _____________________________________ Respondent ________________________________________ Print Name WSBA No. _____________________________________ Print Name Collateral Attack on Judgment. Any petition or motion for collateral attack on this judgment and sentence, including but not limited to any personal restraint petition, state habeas corpus petition, motion to vacate judgment, motion to withdraw guilty plea, motion for new trial or motion to arrest judgment, must be filed within one year of the final judgment in this matter, except as provided for in RCW 10.73.100, RCW 10.73.090. Fingerprints (If required by RCW 10.64.110) I hereby attest that the fingerprint(s) appearing on this Order are the fingerprints of __________________________________________________,and were affixed in open court on the date below. Dated:______________________ Clerk________________________________________ By: _______________________________Deputy Clerk ORDER ON ADJ/DISP (ORD) - Page 8 of 8 WPF JU 07.0800 (06/2012) JuCR 7.12; RCW 13.40.120, .150 - .190, .300 American LegalNet, Inc. www.FormsWorkFlow.com