State v. Y.I.
State v. Y.I.
Opinion of the Court
— We must decide what time limits apply to
Facts
This appeal involves four separate disposition orders in which Y.I. was ordered to pay the $100 VPA under RCW 7.68.035(l)(b).
On September 22, 1997, Y.I.’s probation officer filed a petition to review conditions of community supervision in all four cases, alleging that Y.I. failed to make any VPA payments or perform community service in lieu of the VPA. At the review hearing, Y.I. asserted that because the community supervision period had expired, the juvenile court lacked jurisdiction over the VPAs. The juvenile court commissioner responded that he believed the juvenile court retained jurisdiction, although he remarked, “but I have yet to have anybody give me [a] citation that shows me where that [law] comes from.” The commissioner ordered Y.I to serve three days of confinement for each case (12
Y.I.’s motions to revise the commissioner’s rulings were denied. The court entered the following conclusions of law: “The ‘victim’s fund assessment’ (VFA)
Discussion
Whether a court has jurisdiction is a question of law and is reviewed de novo.
RCW 13.40.200 governs modification of juvenile disposition orders for violations. The statute provides: “When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.” The statute does not specify the time period during which such a modification is authorized. The State takes the position that modification may occur until the juvenile turns 18 (or in some cases, turns 21).
In May, the Court of Appeals held that a juvenile
Because the juvenile modification statute does not specify jurisdictional time limits, the May court considered whether time limits on the juvenile court’s jurisdiction to modify its disposition orders should be derived by analogy to modification of adult sentences under the Sentencing Reform Act of 1981 (SRA)
We agree with the May court’s analysis and with its application here. Disposition orders encompass many obligations. The VPA is one of them. A juvenile who does not satisfy all his or her financial penalties while on supervi
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. . . . 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. 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.
This separate grant of jurisdiction preceded May, and supports our conclusion that financial obligations are aspects of the disposition order to be enforced during community supervision. Otherwise, this legislative extension of time would not be needed for purposes of collecting restitution.
We also agree with the May. court that the State is not unduly burdened by the requirement that it monitor the juvenile’s compliance and act promptly to bring violations to the court’s attention. As the May court expressed it, “any risk that there will be no recourse against a juvenile offender for violations occurring late in the community supervision period is more than outweighed by the goal which the rule in this case should help to attain: to discourage administrative inertia in handling matters concerning juvenile offenders.”
We hold that jurisdiction of the juvenile court to enforce its disposition order includes enforcement of the VPA, and terminates when the community supervision period ends. Because the community supervision period had expired long before the petitions were filed in these matters, the juvenile court was without jurisdiction. We thus reverse.
RCW 7.68.035(l)(b) sets forth the penalty assessment for juveniles:
Whenever any juvenile is adjudicated of any offense in any juvenile offense disposition under Title 13 RCW, . . . there shall be imposed upon the juvenile offender a penalty assessment. The assessment shall be in addition to any other penalty or fine imposed by law and shall be one hundred dollars for each case or cause of action that includes one or more adjudications for a felony or gross misdemeanor ....
The VFA and VPA are synonymous.
Equity Group, Inc. v. Hidden, 88 Wn. App. 148, 153, 943 P.2d 1167 (1997).
State v. May, 80 Wn. App. 711, 717, 911 P.2d 399 (1996).
May, 80 Wn. App. at 714-15 (citing State v. Johnson, 54 Wn. App. 489, 491, 774 P.2d 526 (1989)).
See State v. Mortrud, 89 Wn.2d 720, 724, 575 P.2d 227 (1978) (addressing former RCW 9.95.230).
May, 80 Wn. App. at 716-17.
Id. at 717 (citing Mortrud, 89 Wn.2d at 724).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.