Revised Code of Washington - RCW Title 13 Juvenile Courts And Juvenile Offenders - Chapter 13.40 Juvenile Justice Act Of 1977

  • 13.40.005 Juvenile disposition standards commission -- Abolished -- References to commission -- Transfer of powers, duties, and functions
    (1) The juvenile disposition standards commission is hereby abolished and its powers, duties, and functions are hereby transferred to the sentencing guidelines commission. All references ...
  • 13.40.010 Short title -- Intent -- Purpose
    (1) This chapter shall be known and cited as the Juvenile Justice Act of 1977. (2) It is the intent of the legislature that a ...
  • 13.40.020 Definitions
    For the purposes of this chapter: (1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient ...
  • 13.40.030 Security guidelines -- Legislative review -- Limitations on permissible ranges of confinement
    (1) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based ...
  • 13.40.0351 Equal application of guidelines and standards
    The sentencing guidelines and prosecuting standards apply equally to juvenile offenders in all parts of the state, without discrimination as to any element that does ...
  • 13.40.0357 Juvenile offender sentencing standards
    DESCRIPTION AND OFFENSE CATEGORY
    JUVENILE DISPOSITION OFFENSE CATEGORY DESCRIPTION (RCW ...
  • 13.40.038 County juvenile detention facilities -- Policy -- Detention and risk assessment standards
    It is the policy of this state that all county juvenile detention facilities provide a humane, safe, and rehabilitative environment and that unadjudicated youth remain ...
  • 13.40.040 Taking juvenile into custody, grounds -- Detention of, grounds -- Detention pending disposition -- Release on bond, conditions -- Bail jumping
    (1) A juvenile may be taken into custody: (a) Pursuant to a court order if a complaint is filed with the court alleging, and the ...
  • 13.40.045 Escapees -- Arrest warrants
    The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. The secretary, assistant secretary, or ...
  • 13.40.050 Detention procedures -- Notice of hearing -- Conditions of release -- Consultation with parent, guardian, or custodian
    (1) When a juvenile taken into custody is held in detention: (a) An information, a community supervision modification or termination of diversion petition, or a ...
  • 13.40.054 Probation bond or collateral -- Modification or revocation of probation bond
    (1) As provided in this chapter, the court may order a juvenile to post a probation bond as defined in RCW 13.40.020 or to deposit ...
  • 13.40.056 Nonrefundable bail fee
    When a juvenile charged with an offense posts a probation bond or deposits cash or posts other collateral in lieu of a bond, ten dollars ...
  • 13.40.060 Jurisdiction of actions -- Transfer of case and records, when -- Change in venue, grounds
    (1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise ...
  • 13.40.070 Complaints -- Screening -- Filing information -- Diversion -- Modification of community supervision -- Notice to parent or guardian -- Probation counselor acting for prosecutor -- Referral to mediation or reconciliation programs
    (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of ...
  • 13.40.077 Recommended prosecuting standards for charging and plea dispositions
    RECOMMENDED PROSECUTING STANDARDS
    FOR CHARGING AND PLEA DISPOSITIONS
    INTRODUCTION: These standards are intended solely for the guidance of prosecutors in the state of Washington. They ...
  • 13.40.080 Diversion agreement -- Scope -- Limitations -- Restitution orders -- Divertee's rights -- Diversion unit's powers and duties -- Interpreters -- Modification -- Fines
    (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversion unit whereby the juvenile agrees to fulfill ...
  • 13.40.085 Diversion services costs -- Fees -- Payment by parent or legal guardian
    The county legislative authority may authorize juvenile court administrators to establish fees to cover the costs of the administration and operation of diversion services provided ...
  • 13.40.090 Prosecuting attorney as party to juvenile court proceedings -- Exception, procedure
    The county prosecuting attorney shall be a party to all juvenile court proceedings involving juvenile offenders or alleged juvenile offenders. The prosecuting attorney may, after ...
  • 13.40.100 Summons or other notification issued upon filing of information -- Procedure -- Order to take juvenile into custody -- Contempt of court, when
    (1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the ...
  • 13.40.110 Hearing on question of declining jurisdiction -- Held, when -- Findings
    (1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting ...
  • 13.40.120 Hearings -- Time and place
    All hearings may be conducted at any time or place within the limits of the judicial district, and such cases may not be heard in ...
  • 13.40.127 Deferred disposition
    (1) A juvenile is eligible for deferred disposition unless he or she: (a) Is charged with a sex or violent offense; (b) Has a criminal ...
  • 13.40.130 Procedure upon plea of guilty or not guilty to information allegations -- Notice -- Adjudicatory and disposition hearing -- Disposition standards used in sentencing
    (1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). ...
  • 13.40.135 Sexual motivation special allegation -- Procedures
    (1) The prosecuting attorney shall file a special allegation of sexual motivation in every juvenile offense other than sex offenses as defined in *RCW 9.94A.030(33) ...
  • 13.40.140 Juveniles entitled to usual judicial rights -- Notice of -- Open court -- Privilege against self-incrimination -- Waiver of rights, when
    (1) A juvenile shall be advised of his or her rights when appearing before the court. (2) A juvenile and his or her parent, guardian, ...
  • 13.40.145 Payment of fees for legal services by publicly funded counsel -- Hearing -- Order or decree -- Entering and enforcing judgments
    Upon disposition or at the time of a modification or at the time an appellate court remands the case to the trial court following a ...
  • 13.40.150 Disposition hearing -- Scope -- Factors to be considered prior to entry of dispositional order
    (1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon ...
  • 13.40.160 Disposition order -- Court's action prescribed -- Disposition outside standard range -- Right of appeal -- Special sex offender disposition alternative
    (1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357. (a) When the court sentences an offender ...
  • 13.40.165 Chemical dependency disposition alternative
    (1) The purpose of this disposition alternative is to ensure that successful treatment options to reduce recidivism are available to eligible youth, pursuant to RCW ...
  • 13.40.167 Mental health disposition alternative
    (1) When an offender is subject to a standard range disposition involving confinement by the department, the court may: (a) Impose the standard range; or ...
  • 13.40.180 Disposition order -- Consecutive terms when two or more offenses -- Limitations
    Where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively, subject to the following limitations: (1) Where ...
  • 13.40.185 Disposition order -- Confinement under departmental supervision or in juvenile facility, when
    (1) Any term of confinement imposed for an offense which exceeds thirty days shall be served under the supervision of the department. If the period ...
  • 13.40.190 Disposition order -- Restitution for loss -- Modification of restitution order
    (1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a ...
  • 13.40.192 Legal financial obligations -- Enforceability -- Treatment of obligations upon age of eighteen or conclusion of juvenile court jurisdiction -- Extension of judgment
    If a juvenile is ordered to pay legal financial obligations, including fines, penalty assessments, attorneys' fees, court costs, and restitution, the money judgment remains enforceable ...
  • 13.40.193 Firearms -- Length of confinement
    (1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(2)(a)(iii), the court shall impose a minimum ...
  • 13.40.196 Firearms -- Special allegation
    A prosecutor may file a special allegation that the offender or an accomplice was armed with a firearm when the offender committed the alleged offense. ...
  • 13.40.198 Penalty assessments -- Jurisdiction of court
    If a respondent is ordered to pay a penalty assessment pursuant to a dispositional order entered under this chapter, he or she shall remain under ...
  • 13.40.200 Violation of order of restitution, community supervision, fines, penalty assessments, or confinement -- Modification of order after hearing -- Scope -- Rights -- Use of fines
    (1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court ...
  • 13.40.205 Release from physical custody, when -- Authorized leaves -- Leave plan and order -- Notice
    (1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical ...
  • 13.40.210 Setting of release date -- Administrative release authorized, when -- Parole program, revocation or modification of, scope -- Intensive supervision program -- Parole officer's right of arrest
    (1) The secretary shall set a release date for each juvenile committed to its custody. The release date shall be within the prescribed range to ...
  • 13.40.212 Intensive supervision program -- Elements -- Report
    (1) The department shall, no later than January 1, 1999, implement an intensive supervision program as a part of its parole services that includes, at ...
  • 13.40.215 Juveniles found to have committed violent or sex offense or stalking -- Notification of discharge, parole, leave, release, transfer, or escape -- To whom given -- School attendance -- Definitions
    (1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before discharge, ...
  • 13.40.217 Juveniles adjudicated of sex offenses -- Release of information authorized
    (1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant ...
  • 13.40.220 Costs of support, treatment, and confinement -- Order -- Contempt of court
    (1) Whenever legal custody of a child is vested in someone other than his or her parents, under this chapter, and not vested in the ...
  • 13.40.230 Appeal from order of disposition -- Jurisdiction -- Procedure -- Scope--Release pending appeal
    (1) Dispositions reviewed pursuant to RCW 13.40.160 shall be reviewed in the appropriate division of the court of appeals. An appeal under this section shall ...
  • 13.40.240 Construction of RCW references to juvenile delinquents or juvenile delinquency
    All references to juvenile delinquents or juvenile delinquency in other chapters of the Revised Code of Washington shall be construed as meaning juvenile offenders or ...
  • 13.40.250 Traffic and civil infraction cases
    A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter ...
  • 13.40.265 Firearm, alcohol, and drug violations
    (1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm ...
  • 13.40.280 Transfer of juvenile to department of corrections facility -- Grounds -- Hearing -- Term -- Retransfer to a facility for juveniles
    (1) The secretary, with the consent of the secretary of the department of corrections, has the authority to transfer a juvenile presently or hereafter committed ...
  • 13.40.285 Juvenile offender sentenced to terms in juvenile and adult facilities -- Transfer to department of corrections -- Term of confinement
    A juvenile offender ordered to serve a term of confinement with the department of social and health services who is subsequently sentenced to the department ...
  • 13.40.300 Commitment of juvenile beyond age twenty-one prohibited -- Jurisdiction of juvenile court after juvenile's eighteenth birthday
    (1) In no case may a juvenile offender be committed by the juvenile court to the department of social and health services for placement in ...
  • 13.40.305 Juvenile offender adjudicated of theft of motor vehicle, possession of stolen vehicle, taking motor vehicle without permission in the first degree, taking motor vehicle without permission in the second degree -- Local sanctions -- Evaluation
    If a juvenile is adjudicated of theft of a motor vehicle under RCW 9A.56.065, possession of a stolen vehicle under RCW 9A.56.068, taking a motor ...
  • 13.40.308 Juvenile offender adjudicated of taking motor vehicle without permission in the first degree, theft of motor vehicle, possession of a stolen vehicle, taking motor vehicle without permission in the second degree -- Minimum sentences
    (1) If a respondent is adjudicated of taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070, the court shall ...
  • 13.40.310 Transitional treatment program for gang and drug-involved juvenile offenders
    (1) The department of social and health services may contract with a community-based nonprofit organization to establish a three-step transitional treatment program for gang and ...
  • 13.40.320 Juvenile offender basic training camp program
    (1) The department of social and health services shall establish a medium security juvenile offender basic training camp program. This program for juvenile offenders serving ...
  • 13.40.400 Applicability of RCW 10.01.040 to chapter
    The provisions of RCW 10.01.040 apply to chapter 13.40 RCW.[1979 c 155 § 74.]Notes:      Effective date -- Severability -- 1979 c 155: See notes following ...
  • 13.40.430 Disparity in disposition of juvenile offenders -- Data collection
    The administrative office of the courts shall collect such data as may be necessary to monitor any disparity in processing or disposing of cases involving ...
  • 13.40.440 Chapter 9.92 RCW not to affect dispositions under juvenile justice act
    See RCW 9.92.200. ...
  • 13.40.450 Chapters 13.04 and 13.40 RCW as exclusive authority for adjudication and disposition of juvenile offenders
    See RCW 13.04.450. ...
  • 13.40.460 Juvenile rehabilitation programs -- Administration
    The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of ...
  • 13.40.462 Reinvesting in youth program
    (1) The department of social and health services juvenile rehabilitation administration shall establish a reinvesting in youth program that awards grants to counties for implementing ...
  • 13.40.464 Reinvesting in youth program -- Guidelines
    (1)(a) In order to receive funding through the reinvesting in youth program established pursuant to RCW 13.40.462, intervention service models must meet the following minimum ...
  • 13.40.466 Reinvesting in youth account
    (1) The reinvesting in youth account is created in the state treasury. Moneys in the account shall be spent only after appropriation. Expenditures from the ...
  • 13.40.468 Juvenile rehabilitation administration -- State quality assurance program
    The department of social and health services juvenile rehabilitation administration shall establish a state quality assurance program. The juvenile rehabilitation administration shall monitor the implementation ...
  • 13.40.470 Vulnerable youth committed to residential facilities -- Protection from sexually aggressive youth -- Assessment process
    (1) The department shall implement a policy for protecting youth committed to state-operated or state-funded residential facilities under this chapter who are vulnerable to sexual ...
  • 13.40.480 Student records and information -- Reasons for release -- Who may request
    (1) Pursuant to RCW 28A.600.475, and to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g(b), and ...
  • 13.40.500 Community juvenile accountability programs -- Findings -- Purpose
    The legislature finds that meaningful community involvement is vital to the juvenile justice system's ability to respond to the serious problem of juvenile crime. Citizens ...
  • 13.40.510 Community juvenile accountability programs -- Establishment -- Proposals -- Guidelines
    (1) In order to receive funds under RCW 13.40.500 through 13.40.540, local governments may, through their respective agencies that administer funding for consolidated juvenile services, ...
  • 13.40.520 Community juvenile accountability programs -- Grants
    (1) The state may make grants to local governments for the provision of community-based programs for juvenile offenders. The grants must be made under a ...
  • 13.40.530 Community juvenile accountability programs -- Effectiveness standards
    The legislature recognizes the importance of evaluation and outcome measurements of programs serving juvenile offenders in order to ensure cost-effective use of public funds. The ...
  • 13.40.540 Community juvenile accountability programs -- Information collection -- Report
    (1) Each community juvenile accountability program approved and funded under RCW 13.40.500 through 13.40.540 shall comply with the information collection requirements in subsection (2) of ...
  • 13.40.550 Community juvenile accountability programs -- Short title
    RCW 13.40.500 through 13.40.540 may be known as the community juvenile accountability act.[1997 c 338 § 66.]Notes:      Finding -- Evaluation -- Report -- 1997 c ...
  • 13.40.560 Juvenile accountability incentive account
    The juvenile accountability incentive account is created in the custody of the state treasurer. Federal awards for juvenile accountability incentives received by the secretary of ...
  • 13.40.570 Sexual misconduct by state employees, contractors
    (1) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between an employee and an offender has occurred, notwithstanding any ...
  • 13.40.580 Youth courts -- Diversion
    Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities ...
  • 13.40.590 Youth court programs
    (1) The administrative office of the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court ...
  • 13.40.600 Youth court jurisdiction
    (1) Youth courts have authority over juveniles ages eight through seventeen who: (a) Along with their parent, guardian, or legal custodian, voluntarily and in writing ...
  • 13.40.610 Youth court notification of satisfaction of conditions
    Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.[2002 c 237 § 12.] ...
  • 13.40.620 Appearance before youth court with parent, guardian, or legal custodian
    Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.[2002 c 237 § 13.] ...
  • 13.40.630 Youth court dispositions
    (1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include: (a) Participating in law-related education classes, appropriate counseling, treatment, or ...
  • 13.40.640 Youth court nonrefundable fee
    A youth court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The ...
  • Last modified: April 7, 2009