State v. Foley
State v. Foley
Opinion of the Court
Leanne Foley seeks discretionary review of the juvenile court order of commitment for violations of conditions of release. A commissioner stayed the order of commitment pending a decision on the motion for discretionary review. We grant discretionary review, accelerate review and reverse.
On April 1, 1992, Foley was taken into custody for an alleged assault and booked into the King County Department of Youth Services Detention Facility. On April 2, 1992, the State filed an information charging her with two counts
At the April 17 hearing, the juvenile court entered an order directing that the case be diverted on agreement of the parties and setting the next court appearance for June 5, 1992.
Subsequently, Foley's probation counselor alleged that Foley had committed four violations of the conditions of release. At the hearing on this issue, Foley objected on the ground that the conditions of her release were superseded by the diversion agreement. The juvenile court determined that the conditions of release were valid and that Foley had committed the four violations. The court imposed 5 days of detention for the violations and ordered that the conditions of release remain in full force and effect.
The sole issue on appeal is whether the juvenile court erred in ordering Foley to serve 5 days in detention for violation of the conditions of release entered prior to her entering into a diversion agreement. Leanne contends that the conditions of release were superseded by the diversion agreement and that the juvenile court was without authority to impose detention for violation of the conditions of release. The State contends that the diversion agreement and the order of release on conditions are two different actions and that one does not supersede the other. We hold that the juvenile court erred.
RCW 13.40.080 sets forth the statutory scheme for diversion.
Foley was initially released from custody upon certain conditions. Subsequently, the juvenile court determined that the case was subject to mandatory diversion, and Foley entered into a diversion agreement, which included no conditions other than that she complete 8 hours of community service and 10 hours of attendance at anger management classes. The conditions of release were superseded by the subsequent diversion agreement. Accordingly, the juvenile court erred in ordering Foley to serve 5 days in detention for violating the conditions of release.
The order of commitment is reversed.
The court’s order states that the matter may be "rediverted" on agreement of the parties. It appears that use of the word "rediverted” was a clerical error, as the parties agree that the case had not been previously diverted and there is no contrary indication in the record.
A juvenile taken into custody will receive a prompt hearing to determine whether continued detention is proper and necessary. When a juvenile is taken into custody, an information must be filed within 72 hours or the juvenile must be released. RCW 13.40.050(1)(a). If an information is filed, a detention hearing must be held within 72 hours. RCW 13.40.050(1)(b). At this initial hearing the court should determine whether the case is properly before it. If the case is not properly before the court and the case should be diverted pursuant to RCW 13.40.080, the juvenile shall be released. RCW 13.40.050(4). If the case is properly before the court and probable cause exists but further detention is not necessary, the juvenile shall be released upon certain conditions. RCW 13.40.050(5), (6).
The Supreme Court has promulgated rules, to control the procedure which the diversion unit and the juvenile must follow in order to enter into a diyersion agreement. "These rules are designed to protect the juvenile's constitutional and statutory rights while at the same time ensuring that the system functions efficiently and without the delays associated with formal hearings.” State v. Quiroz, 107 Wn.2d 791, 794, 733 P.2d 963 (1987). See JuCR Title 6.
The prosecutor "shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense(s) in combination
RCW 13.40.080(6) provides:
"(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
"(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
"(b) Violation of the terms of the agreement shall be the only grounds for termination;
"(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
"(i) Written notice of alleged violations of the conditions of the diversion program; and
"(ii) Disclosure of all evidence to be offered against the divertee;
"(d) The hearing shall be conducted by the juvenile court and shall include: "(i) Opportunity to be heard in person and to present evidence;
"(ii) The right to confront and cross-examine all adverse witnesses;
"(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that he the decision; and
"(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.
"(e) The prosecutor may file an information on the offense for which the divertee was diverted:
"(i) In juvenile court if the divertee is under eighteen years of age; or
"(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.