State v. Rice

655 P.2d 1145, 98 Wash. 2d 384
CourtWashington Supreme Court
DecidedFebruary 7, 1983
Docket48374-4, 48375-2
StatusPublished
Cited by113 cases

This text of 655 P.2d 1145 (State v. Rice) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rice, 655 P.2d 1145, 98 Wash. 2d 384 (Wash. 1983).

Opinions

Pearson, J.

Defendants Daniel Rice and Monte Sanchez appeal the length of terms of confinement in disposition orders issued by the juvenile division of the Superior Court. The issues raised on appeal are twofold: first, whether the Legislature intended that juvenile dispositions under RCW 13.40 may include terms of confinement which exceed the maximum sentences allowed by RCW 9A.20.020; second, if the Legislature so intended, whether confining juveniles for periods longer than the maximum allowed for [386]*386adults violates the equal protection clauses of the United States and Washington Constitutions. We hold that the Legislature did not intend RCW 9A.20.020 to apply to juvenile dispositions, and that imposing longer terms of confinement on juveniles than on adults does not violate the requirement of equal protection.

Defendant Rice was adjudicated guilty in the juvenile division of the Pierce County Superior Court on July 6, 1981, of attempted criminal trespass, a misdemeanor. RCW 9A.52.070, 9A.28.020(3)(e).

At the disposition hearing on July 17, 1981, Rice's parole officer recommended a 52- to 65-week commitment. Rice had a history of prior offenses. He had been diverted from prosecution for third degree theft in June 1979 when he was 14 years of age. He did not complete the terms of his diversion agreement. He was convicted of third degree theft and possession of stolen property in September 1979, and sentenced to a term of community supervision. He violated the terms of his probation several times. In April 1980, he was convicted of second degree burglary and was sentenced to 52 weeks' detention. He was released from this detention on March 9, 1981 (having received leave for good behavior) and committed the present offense about 2 months later, on May 19, 1981. The parole officer reported that Rice was living at home with his mother, but that he was beyond control. He stole from his mother, lied to her, smoked marijuana, and failed to attend school. Rice's counsel conceded at the disposition hearing that the standard range disposition of 20 to 35 hours of community service or 3 months of community supervision was inadequate in light of the parole officer's report. However, he argued that Rice's sentence should be limited to the 90-day maximum allowed under RCW 9A.20.020 for an adult convicted of a misdemeanor. The court found a manifest injustice on Rice's recent criminal history, violations of the terms of prior dispositions, refusal to submit to supervision, and the other aggravating factors in the file. Rice was committed to the Department of Institutions for a period of 52 weeks.

[387]*387Defendant Sanchez pleaded guilty on September 4, 1981, in the Pierce County Superior Court, juvenile division, to unlawful assault, a violation of the Pierce County Code, PCC 35.02.070, and a misdemeanor. The juvenile parole officer recommended a manifest injustice sentence and commitment to the Department of Institutions. Sanchez had a prior criminal history. In 1980, he was diverted from prosecution for possession of marijuana, and subsequently remanded to the juvenile court for violation of the terms of the diversion agreement. In June 1981, he was ordered to serve 1 year of community supervision and 120 hours of community service for three offenses, two of second degree burglary and one of first degree theft. At the time of the present offense, Sanchez was age 14 and living at home with his mother. He was 1 year behind in his schooling owing to serious absenteeism. His mother was incapable of controlling him, and he was unresponsive to the authority of officials at the juvenile detention facility. The court found that the standard range disposition of 10 to 20 days' detention, 80 to 110 hours' community service, and 1 year's community supervision was insufficient for the defendant. It ordered a manifest injustice sentence of 52 weeks' confinement; this was based on the short time since Sanchez' prior offense and his being still under community supervision at the time of the present offense, the lack of parental control, his failure to comply with a prior diversion agreement, and the fact that community supervision would not provide the structure necessary for his rehabilitation and correction.

Defendants argue that their terms of commitment on a finding of manifest injustice cannot exceed the maximum terms laid down in RCW 9A.20.020. This section sets out maximum sentences which may be imposed on persons convicted of offenses. The maximum sentence for a misdemeanor is 90 days' imprisonment or $1,000 fine or both. Defendants argue that this section applies to dispositions under the Juvenile Justice Act of 1977, RCW 13.40 (hereinafter JJA), as well as to adult criminal sentences. They [388]*388argue that the Legislature intended that RCW 9A.20.020 apply to all sentences, including juvenile dispositions. They argue further that the Legislature could not have legislated otherwise because to impose longer terms of confinement on children than on adults would violate the equal protection clauses of the United States and Washington Constitutions. We disagree. We hold that the Legislature did not intend RCW 9A.20.020 to apply to juvenile dispositions. And equal protection does not preclude the Legislature's mandating longer terms of confinement for children than for adults.

We begin our analysis with a very brief review of the history of our juvenile justice system, so as to place the present legislation in a historical perspective.

The juvenile justice movement dates from the early nineteenth-century development of the prison system as a substitute for physical punishment. Under common law, a child below the age of seven could not be criminally prosecuted, while a youth between the ages of seven and fourteen was presumed to lack criminal capacity, a presumption only infrequently rebutted. Children above the age of fourteen bore full criminal responsibility, although punishment could always be mitigated. Prior to the nineteenth century, criminal punishment was swift and physical in nature, and imprisonment was unknown.
In the absence of incarceration, the "mixing" of juvenile offenders with adults in common facilities was impossible. Equally, the absence of physical custody precluded the implementation of rehabilitative programs tailored to the young transgressor, the hallmark of the twentieth-century juvenile justice system.
In the early nineteenth century, reforms led to the establishment of the prison system, resulting for the first time, in the incarceration of youths with more hardened adult criminals.

(Footnotes omitted.) Sobie,

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655 P.2d 1145, 98 Wash. 2d 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rice-wash-1983.