Title 13 — Title 13 JUVENILE COURTS AND JUVENILE OFFENDERS
16 chapters · 345 sections in this title.
RCW 13.40.010 Short title—Intent—Purpose.
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(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 system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders and their victims, as defined…
RCW 13.40.020 Definitions.
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For the purposes of this chapter:(1) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse, or co-occurring mental health and substance abuse disord…
RCW 13.40.030 Security guidelines—Legislative review—Limitations on permissible ranges of confinement.
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(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 on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review…
RCW 13.40.0351 Equal application of guidelines and standards.
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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 not relate to the crime or the previous record of the offender.[ 1989 c 407 s 5.]
RCW 13.40.0357 Juvenile offender sentencing standards.
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DESCRIPTION AND OFFENSE CATEGORYjuveniledispositionoffensecategorydescription (rcw citation)juvenile dispositioncategory forattempt, bailjump,conspiracy, orsolicitation Arson and Malicious Mischief AArson 1 (9A.48.020)B+ BArson 2 (9A.48.030)C CReckless Burning 1 (9A.48.040)D DRec…
RCW 13.40.038 County juvenile detention facilities—Policy—Detention and risk assessment standards.
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(1) 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 in the community whenever possible, consistent with public safety and the provisions of chapter 13.40 RCW.(2…
RCW 13.40.040 Taking juvenile into custody, grounds—Detention of, grounds—Detention pending disposition—Release on bond, conditions—Bail jumping.
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(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 court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or(b) W…
RCW 13.40.042 Detention of juvenile suffering from mental disorder or substance use disorder.
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(1) When a police officer has reasonable cause to believe that a juvenile has committed acts constituting a nonfelony crime that is not a serious offense as identified in *RCW 10.77.665, and the officer believes that the juvenile suffers from a mental disorder, and the local pros…
RCW 13.40.043 Prison riot offenses—Relief from disposition.
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(1) In any juvenile offender case where an offender has been sentenced for an offense where an adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basi…
RCW 13.40.044 Infraction—Prison riot offenses vacated.
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(1) The department shall establish rules for including prison riot behavior as described in RCW 9.94.010(1) as an infraction that is managed through the internal behavioral management infraction system.(2) By August 1, 2025, the department shall respond to prison riot behavior as…
RCW 13.40.045 Escapees—Arrest warrants.
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The secretary or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. The secretary or the secretary's designee may issue arrest warrants for juveniles who abscond from parole supervision or fail to meet conditions of …
RCW 13.40.050 Detention procedures—Notice of hearing—Conditions of release—Consultation with parent, guardian, or custodian.
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(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 parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the …
RCW 13.40.054 Probation bond or collateral—Modification or revocation of probation bond.
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(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 cash or post other collateral in lieu of a probation bond, to enhance public safety, increase the likelihood that a respondent will appear as require…
RCW 13.40.058 Fines, administrative fees, costs, and surcharges prohibited.
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No fine, administrative fee, cost, or surcharge may be imposed or collected by the court or any agent of the court against any juvenile or a juvenile's parent or guardian, or other person having custody of the juvenile, in connection with any juvenile offender proceeding includin…
RCW 13.40.060 Jurisdiction of actions—Transfer of case and records, when—Change in venue, grounds.
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(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 specially provided by statute. In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides…
RCW 13.40.070 Complaints—Screening—Filing information—Diversion—Modification of community supervision—Notice to parent or guardian—Probation counselor acting for prosecutor—Referral to community-based, restorative justice, mediation, or reconciliation programs.
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(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 a complaint, shall screen the complaint to determine whether:(a) The alleged facts bring the case within the jurisdict…
RCW 13.40.077 Recommended prosecuting standards for charging and plea dispositions.
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RECOMMENDED PROSECUTING STANDARDSFOR CHARGING AND PLEA DISPOSITIONSINTRODUCTION: These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive …
RCW 13.40.080 Diversion agreement—Scope—Limitations—Restitution orders—Divertee's rights—Diversion unit's powers and duties—Interpreters—Modification.
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(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 certain conditions in lieu of prosecution. A juvenile's parent or guardian cannot decline to enter into a diversion agreement on beha…
RCW 13.40.082 Diversion agreements—Applicability—Underlying offense.
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RCW 13.40.020 applies to all completed juvenile diversion agreements and those which are in place but not yet completed on or after July 27, 2025, regardless of when the underlying offense was committed.[ 2025 c 140 s 7.]Notes:Findings—Intent—2025 c 140: See note following RCW 13…
RCW 13.40.087 Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.
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Within available funding, when a youth who has been diverted under RCW 13.40.070 for an alleged offense of prostitution or prostitution loitering is referred to the department, the department shall connect that youth with the services and treatment specified in RCW * 74.14B.060 a…
RCW 13.40.090 Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.
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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 giving appropriate notice to the juvenile court, decline to represent the state of Washington in juven…
RCW 13.40.100 Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—Contempt of court, when.
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(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 next required court appearance.(2) If notice is by summons, the clerk of the court shall issue a summons directed to the juvenile, if the…
RCW 13.40.110 Hearing on question of declining jurisdiction—Held, when—Findings.
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(1) Discretionary decline hearing - The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a he…
RCW 13.40.120 Hearings—Time and place.
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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 conjunction with other business of any other division of the superior court.[ 1981 c 299 s 9; 1979 c 155 s 64; 1977 ex.s. c 291 s 66.]Notes:Effective …
RCW 13.40.127 Deferred disposition.
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(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 history which includes any felony;(c) Has a prior deferred disposition or deferred adjudication; or(d) Has two or more adjudications.(2) The juveni…
RCW 13.40.130 Procedure upon plea of guilty or not guilty to information allegations—Notice—Adjudicatory and disposition hearing—Disposition standards used in sentencing.
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(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). The state or the respondent may make preliminary motions up to the time of the plea.(2) If the respondent pleads guilty, the court m…
RCW 13.40.135 Sexual motivation special allegation—Procedures.
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(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 when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defens…
RCW 13.40.140 Juveniles entitled to usual judicial rights—Notice of—Open court—Privilege against self-incrimination—Waiver of rights, when.
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(1) A juvenile shall be advised of the juvenile's rights when appearing before the court.(2) A juvenile and the juvenile's parent, guardian, or custodian shall be advised by the court or its representative that the juvenile has a right to be represented by counsel at all critical…
RCW 13.40.150 Disposition hearing—Scope—Factors to be considered prior to entry of dispositional order.
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(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 to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth…
RCW 13.40.160 Disposition order—Court's action prescribed—Disposition outside standard range—Right of appeal—Special sex offender disposition alternative.
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(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 to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the s…
RCW 13.40.162 Special sex offender disposition alternative.
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(1) A juvenile offender is eligible for the special sex offender disposition alternative when:(a) The offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and the offender has no history of…
RCW 13.40.165 Substance use disorder or mental health disposition alternative.
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(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 71.24.615. It is also the purpose of the disposition alternative to assure that minors in need of substance use dis…
RCW 13.40.180 Single disposition order—Consecutive terms when two or more offenses—Limitations—Separate disposition order—Concurrent period of community supervision.
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(1) Where a disposition in a single disposition order is imposed on a youth for two or more offenses, the terms shall run consecutively, subject to the following limitations:(a) Where the offenses were committed through a single act or omission, omission, or through an act or omi…
RCW 13.40.185 Disposition order—Confinement under departmental supervision or in juvenile facility, when.
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(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 of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days,…
RCW 13.40.190 Disposition order—Restitution for loss or damage—Modification of restitution order.
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(1)(a) 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. In addition, restitution may be ordered for loss or damage if the offender pleads …
RCW 13.40.192 Restitution and other legal financial obligations—Enforceability—Treatment of obligations upon age of eighteen or conclusion of juvenile court jurisdiction—Extension of judgment.
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(1) If a juvenile is ordered to pay restitution, the money judgment remains enforceable for a period of 10 years. When the juvenile reaches the age of 18 years or at the conclusion of juvenile court jurisdiction, whichever occurs later, the superior court clerk must docket the re…
RCW 13.40.193 Firearms—Length of confinement.
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(1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(2)(a)(v), the court shall impose a minimum disposition of ten days of confinement. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is m…
RCW 13.40.196 Firearms—Special allegation.
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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. If a special allegation has been filed and the court finds that the offender committed the alleged offense, the court shall also…
RCW 13.40.200 Violation of order of restitution, community supervision, or confinement—Modification of order after hearing.
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(1) When a respondent fails to comply with an order of restitution, community supervision, or confinement of less than 30 days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.(2) The hearing shall afford the respon…
RCW 13.40.205 Release from physical custody, when—Authorized leaves—Leave plan and order—Notice.
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(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 custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.(2) A ju…
RCW 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.
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(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 which a juvenile has been committed under RCW 13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 concerning offenders the depar…
RCW 13.40.212 Intensive supervision program—Elements.
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The department shall, no later than January 1, 1999, implement an intensive supervision program as a part of its parole services that includes, at a minimum, the following program elements:(1) A process of case management involving coordinated and comprehensive planning, informat…
RCW 13.40.213 Juveniles alleged to have committed a prostitution loitering offense—Diversion.
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(1) When a juvenile is alleged to have committed a prostitution loitering offense, and the allegation, if proved, would not be the juvenile's first offense, a prosecutor may divert the offense if the county in which the offense is alleged to have been committed has a comprehensiv…
RCW 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.
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(1)(a) Except as provided in subsection (2) of this section, at the earliest practicable date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility or community transition…
RCW 13.40.217 Juveniles adjudicated of sex offenses—Release of information authorized.
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(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 information that is necessary to protect the public concerning juveniles adjudicated of sex offenses.(2) In order for p…
RCW 13.40.219 Arrest for prostitution or prostitution loitering—Alleged offender—Victim of severe form of trafficking, commercial sex abuse of a minor.
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In any proceeding under this chapter related to an arrest for prostitution or prostitution loitering, there is a presumption that the alleged offender meets the criteria for a certification as a victim of a severe form of trafficking in persons as defined in section 7105 of Title…
RCW 13.40.230 Appeal from order of disposition—Jurisdiction—Procedure—Scope—Release pending appeal.
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(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 be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal sh…
RCW 13.40.240 Construction of RCW references to juvenile delinquents or juvenile delinquency.
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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 the commitment of an offense by juveniles as defined by this chapter.[ 1977 ex.s. c 291 s 78.]Notes:Effective dat…
RCW 13.40.250 Traffic infraction, transit infraction, and civil infraction cases—Diversion agreements.
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A traffic infraction, transit infraction, or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.(1) If a notice of a traffic infraction, transit infraction, or civil infr…
RCW 13.40.265 Firearm, alcohol, and drug violations.
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(1) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(2)(a)(v) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of li…