Scholfield, J.
Thomas E. Martin appeals a juvenile court order requiring him to spend 8 days in detention, alleging the trial judge erred in refusing to reduce his previously imposed sentence obligations by the equivalent amount of confinement time in accord with RCW 13.40-.200.
We remand for modification of the order.
On January 21, 1981, Martin pleaded guilty to charges of first degree criminal trespass and third degree theft and was sentenced to 30 days' confinement and 12 months' probation. Restitution was deferred until April 29, 1981, then set in the amount of $250. On December 8, 1981, Martin appeared at a hearing, admitted he had failed to pay $86.42 of the restitution, and was ordered to pay that amount. On the same day, Martin pleaded guilty to charges of second degree burglary, and was sentenced to 12 months' probation. He was ordered to serve 72 community service hours, serve 16 days in confinement, and undergo counseling.
May 24, 1982, a hearing was held to consider Martin's failure to pay the $86.42 restitution and his failure to perform the community service hours ordered on December 8, 1981. Martin admitted the allegations.
Martin's probation officer and the prosecutor recommended he be sentenced to 8 days' confinement — 4 days for failure to pay the restitution and 4 days for failure to do the hours of community service. They recommended he also be required to pay all the $86.42 of restitution and perform 64 community service hours which remained after his performance of 7.5 of the original 72 hours.
Counsel for Martin objected, arguing that RCW 13.40.200 requires the court to give credit for the confinement time by reducing the hours and restitution imposed by the original sentence. The trial judge held he was not bound by the statute to give credit for hours or restitution, but could order confinement as punishment for failure to comply with the court's disposition order and also order full performance of the original sentence.
Martin appeals, alleging the trial judge erred in imposing a penalty of confinement under RCW 13.40.200 without reducing his original sentence obligations.
The State argues nothing in the statute requires that a court, which seeks to impose a penalty for willful violations of its orders, rescind the part of the order which has been violated. Had that been the legislative intention, the State argues, RCW 13.40.200 would have specifically stated the
court may impose a penalty of confinement
in lieu of
the fine, restitution, or performance of community service, as it did in RCW 13.40.250.
The State contends that under Martin's interpretation, a juvenile who contumaciously chose not to perform community service or pay restitution could be penalized at the statutory rate set forth in RCW 13.40.200, but could escape a proportionate part of the sanctions imposed for the crime he committed, allowing the underlying crime to go unpunished. We do not agree.
In ruling on the punishment to be imposed for Martin's violation of the order to make restitution and serve community service hours, the judge interpreted the statute as discretionary and viewed the additional confinement time as in the nature of a penalty for contempt. He stated:
I agree that the statute is there, but I don't think that it in any way infringes upon the Court's inherent powers to punish for contempt. It's a matter of discretion as I see it as to whether I wish to or the Court wishes to impose a sentence for violation of the Court's Order. That is to say, hold the person in contempt or to give him credit under the statute, but I think it's a discretionary matter with the Court and not with the Respondent.
A juvenile court has the statutory and inherent authority to punish a child for civil contempt
for violating its placement order for the purpose of compelling compliance with
the order. However, the record must demonstrate egregious circumstances, and that all less restrictive alternatives have failed.
State v. Norlund,
31 Wn. App. 725, 729, 644 P.2d 724 (1982). Where a contempt proceeding has only punishment as its purpose, it does not retain its civil character, and becomes instead a punitive criminal contempt proceeding.
State v. Heiner,
29 Wn. App. 193, 197, 627 P.2d 983 (1981).
See Keller v. Keller,
52 Wn.2d 84, 88-89, 323 P.2d 231 (1958). In a criminal contempt proceeding,
the State must file an information or complaint against the contemnor and then proceed as in any criminal case.
State v. Heiner,
29 Wn. App. at 198.
See State v. Boren,
42 Wn.2d 155, 253 P.2d 939 (1953).
Martin was not properly before the juvenile court on charges of either civil or criminal contempt. In a proceeding the purpose of which is other than determining guilt of contempt, a court is without authority, absent an appropriate pleading, to find a party in contempt for an act committed outside its presence.
Dimmick v. Hume,
62 Wn.2d 407, 409, 382 P.2d 642 (1963);
Starkey v. Starkey,
40 Wn.2d 307, 242 P.2d 1048 (1952);
Schaefer v. Schaefer,
36 Wn.2d 514, 219 P.2d 114 (1950).
Although RCW 13.40.200 describes the sanction for a willful violation of the terms of a disposition order as a penalty, we do not interpret the penalty as analogous to the contempt of court sanction. The statutory penalty is modification of the order and imposition of confinement at the specified rate in lieu of the offender's privilege of serving his sentence in the less restrictive manner authorized by the order of disposition. The statute does not authorize the judge to impose an additional sentence.
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Scholfield, J.
Thomas E. Martin appeals a juvenile court order requiring him to spend 8 days in detention, alleging the trial judge erred in refusing to reduce his previously imposed sentence obligations by the equivalent amount of confinement time in accord with RCW 13.40-.200.
We remand for modification of the order.
On January 21, 1981, Martin pleaded guilty to charges of first degree criminal trespass and third degree theft and was sentenced to 30 days' confinement and 12 months' probation. Restitution was deferred until April 29, 1981, then set in the amount of $250. On December 8, 1981, Martin appeared at a hearing, admitted he had failed to pay $86.42 of the restitution, and was ordered to pay that amount. On the same day, Martin pleaded guilty to charges of second degree burglary, and was sentenced to 12 months' probation. He was ordered to serve 72 community service hours, serve 16 days in confinement, and undergo counseling.
May 24, 1982, a hearing was held to consider Martin's failure to pay the $86.42 restitution and his failure to perform the community service hours ordered on December 8, 1981. Martin admitted the allegations.
Martin's probation officer and the prosecutor recommended he be sentenced to 8 days' confinement — 4 days for failure to pay the restitution and 4 days for failure to do the hours of community service. They recommended he also be required to pay all the $86.42 of restitution and perform 64 community service hours which remained after his performance of 7.5 of the original 72 hours.
Counsel for Martin objected, arguing that RCW 13.40.200 requires the court to give credit for the confinement time by reducing the hours and restitution imposed by the original sentence. The trial judge held he was not bound by the statute to give credit for hours or restitution, but could order confinement as punishment for failure to comply with the court's disposition order and also order full performance of the original sentence.
Martin appeals, alleging the trial judge erred in imposing a penalty of confinement under RCW 13.40.200 without reducing his original sentence obligations.
The State argues nothing in the statute requires that a court, which seeks to impose a penalty for willful violations of its orders, rescind the part of the order which has been violated. Had that been the legislative intention, the State argues, RCW 13.40.200 would have specifically stated the
court may impose a penalty of confinement
in lieu of
the fine, restitution, or performance of community service, as it did in RCW 13.40.250.
The State contends that under Martin's interpretation, a juvenile who contumaciously chose not to perform community service or pay restitution could be penalized at the statutory rate set forth in RCW 13.40.200, but could escape a proportionate part of the sanctions imposed for the crime he committed, allowing the underlying crime to go unpunished. We do not agree.
In ruling on the punishment to be imposed for Martin's violation of the order to make restitution and serve community service hours, the judge interpreted the statute as discretionary and viewed the additional confinement time as in the nature of a penalty for contempt. He stated:
I agree that the statute is there, but I don't think that it in any way infringes upon the Court's inherent powers to punish for contempt. It's a matter of discretion as I see it as to whether I wish to or the Court wishes to impose a sentence for violation of the Court's Order. That is to say, hold the person in contempt or to give him credit under the statute, but I think it's a discretionary matter with the Court and not with the Respondent.
A juvenile court has the statutory and inherent authority to punish a child for civil contempt
for violating its placement order for the purpose of compelling compliance with
the order. However, the record must demonstrate egregious circumstances, and that all less restrictive alternatives have failed.
State v. Norlund,
31 Wn. App. 725, 729, 644 P.2d 724 (1982). Where a contempt proceeding has only punishment as its purpose, it does not retain its civil character, and becomes instead a punitive criminal contempt proceeding.
State v. Heiner,
29 Wn. App. 193, 197, 627 P.2d 983 (1981).
See Keller v. Keller,
52 Wn.2d 84, 88-89, 323 P.2d 231 (1958). In a criminal contempt proceeding,
the State must file an information or complaint against the contemnor and then proceed as in any criminal case.
State v. Heiner,
29 Wn. App. at 198.
See State v. Boren,
42 Wn.2d 155, 253 P.2d 939 (1953).
Martin was not properly before the juvenile court on charges of either civil or criminal contempt. In a proceeding the purpose of which is other than determining guilt of contempt, a court is without authority, absent an appropriate pleading, to find a party in contempt for an act committed outside its presence.
Dimmick v. Hume,
62 Wn.2d 407, 409, 382 P.2d 642 (1963);
Starkey v. Starkey,
40 Wn.2d 307, 242 P.2d 1048 (1952);
Schaefer v. Schaefer,
36 Wn.2d 514, 219 P.2d 114 (1950).
Although RCW 13.40.200 describes the sanction for a willful violation of the terms of a disposition order as a penalty, we do not interpret the penalty as analogous to the contempt of court sanction. The statutory penalty is modification of the order and imposition of confinement at the specified rate in lieu of the offender's privilege of serving his sentence in the less restrictive manner authorized by the order of disposition. The statute does not authorize the judge to impose an additional sentence.
Restitution imposed as a part of an offender's sentencing is a condition of probation, a rehabilitative tool, not an award of civil damages.
See
RCW 13.40.020(17);
see also
State v. Barr,
99 Wn.2d 75, 658 P.2d 1247 (1983). Likewise, community service hours in lieu of detention are imposed as part of the juvenile offender's sentence.
See
RCW 13.40-.020(2);
In re Erickson,
24 Wn. App. 808, 810, 604 P.2d 513 (1979). The hearing held pursuant to RCW 13.40.200, after a juvenile's violation of the court's disposition order, is more nearly analogous to a probation revocation proceeding than a contempt hearing.
See
RCW 13.40.200(2).
Where the purpose of adult criminal statutes is consistent with the purpose of the Juvenile Justice Act of 1977, RCW 13.40, court interpretations of adult criminal statutes may be applied in juvenile proceedings, in the absence of language to the contrary.
See State v. Bird,
95 Wn.2d 83, 622 P.2d 1262 (1980) (statute authorizing suspended sentence not inconsistent with the purpose of RCW 13.40);
State v. Norton,
25 Wn. App. 377, 606 P.2d 714 (1980) (dismissal following juvenile's restitution to victim consistent with statute authorizing compromise of misdemeanor). Similarly, the court should have applied the legal principles applicable to adult probation revocation proceedings in assessing the penalty for Martin's violation of the order of disposition.
See
RCW 9.95.220-.230.
In
Reanier v. Smith,
83 Wn.2d 342, 517 P.2d 949 (1974), the Supreme Court held that pretrial detention time served by adults must be credited against maximum and mandatory minimum terms to avoid constitutional violations. The court recently extended the same protections to juveniles, rejecting the State's contention that pretrial detention for juveniles was not "punishment."
In re Trambitas,
96 Wn.2d 329, 333, 635 P.2d 122 (1981).
In adult probation revocation proceedings for willful failure to pay a fine or restitution, the court may revoke probation and sentence the defendant to imprisonment within the authorized range of its sentencing authority.
Bearden v. Georgia,
_ U.S. _, 76 L. Ed. 2d 221, 103 S. Ct. 2064 (1983). The sentencing alternatives available upon a revocation of probation are the same as were available at the time of initial sentencing. Since the restitution and com
munity service requirements were part of Martin's sentence, we believe the statute requires the judge to credit the detention time imposed under RCW 13.40.200(3) against the terms of his sentence.
See generally State v. Hultman,
92 Wn.2d 736, 600 P.2d 1291 (1979);
In re Phelan,
97 Wn.2d 590, 647 P.2d 1026 (1982).
See also In re Jenkins,
32 Wn. App. 269, 647 P.2d 523 (1982); 3 American Bar Ass'n,
Standards for Criminal Justice,
Std. 18-7.3, at 508 (2d ed. 1980).
We remand for modification of the order to reduce Martin's sentence obligation by giving him credit for the confinement time imposed under RCW 13.40.200.
Callow, J., concurs.
Andersen, C.J., concurs in the result.
Review granted by Supreme Court March 23, 1984.