title: RCW 13.40.077

text:
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 are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
Evidentiary sufficiency.
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law. The decision not to prosecute or divert shall not be influenced by the race, gender, religion, or creed of the suspect.
GUIDELINES/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years;
(ii) Most members of society act as if it were no longer in existence;
(iii) It serves no deterrent or protective purpose in today's society; and
(iv) The statute has not been recently reconsidered by the legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. The reason should be limited to minor cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or no injury;
(ii) Crimes against property, not involving violence, where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of society.
Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.
The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.
(2) Decision to prosecute.
STANDARD:
Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be proved under *RCW 13.40.160(4).
Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.
The categorization of crimes for these charging standards shall be the same as found in RCW 9.94A.411(2).
The decision to prosecute or use diversion shall not be influenced by the race, gender, religion, or creed of the respondent.
(3) Selection of Charges/Degree of Charge
(a) The prosecutor should file charges which adequately describe the nature of the respondent's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:
(i) Will significantly enhance the strength of the state's case at trial; or
(ii) Will result in restitution to all victims.
(b) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:
(i) Charging a higher degree;
(ii) Charging additional counts.
This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a respondent's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.
(4) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:
(a) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;
(b) The completion of necessary laboratory tests; and
(c) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.
If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.
(5) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:
(a) Probable cause exists to believe the suspect is guilty; and
(b) The suspect presents a danger to the community or is likely to flee if not apprehended; or
(c) The arrest of the suspect is necessary to complete the investigation of the crime.
In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.
(6) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:
(a) Polygraph testing;
(b) Hypnosis;
(c) Electronic surveillance;
(d) Use of informants.
(7) Prefiling Discussions with Defendant
Discussions with the defendant or his or her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.
(8) Plea dispositions:
STANDARD
(a) Except as provided in subsection (2) of this section, a respondent will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial.
(b) In certain circumstances, a plea agreement with a respondent in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest. Such situations may include the following:
(i) Evidentiary problems which make conviction of the original charges doubtful;
(ii) The respondent's willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;
(iii) A request by the victim when it is not the result of pressure from the respondent;
(iv) The discovery of facts which mitigate the seriousness of the respondent's conduct;
(v) The correction of errors in the initial charging decision;
(vi) The respondent's history with respect to criminal activity;
(vii) The nature and seriousness of the offense or offenses charged;
(viii) The probable effect of witnesses.
(c) No plea agreement shall be influenced by the race, gender, religion, or creed of the respondent. This includes but is not limited to the prosecutor's decision to utilize such disposition alternatives as the Special Sex Offender Disposition Alternative, the Chemical Dependency Disposition Alternative, and manifest injustice.
(9) Disposition recommendations:
STANDARD
The prosecutor may reach an agreement regarding disposition recommendations.
The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement.
[ 1997 c 338 s 18; 1996 c 9 s 1.]
Notes:
*Reviser's note: RCW 13.40.160 was amended by 1999 c 91 s 2, changing subsection (4) to subsection (3). RCW 13.40.160 was subsequently amended by 2011 c 338 s 2, deleting subsection (3).
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

catchline: Recommended prosecuting standards for charging and plea dispositions.


doc_type: statute

jurisdiction: wa

title: RCW 13.40.080

text:
(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 behalf of the juvenile and cannot prevent a juvenile from entering into a diversion agreement. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall be limited to one or more of the following:
(a) Community restitution not to exceed 150 hours, not to be performed during school hours if the juvenile is attending school;
(b) Restitution limited to the amount of actual loss incurred by any victim, excluding restitution owed to any insurance provider under Title 48 RCW;
(c) Attendance at up to 10 hours of counseling and/or up to 20 hours of positive youth development, restorative justice, and educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. If an assessment identifies mental health or chemical dependency needs, a youth may access up to 30 hours of counseling. The counseling sessions may include services demonstrated to improve behavioral health and reduce recidivism. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, a physician, a counselor, a school, or a treatment provider, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversion unit exercising the option to permit diversion agreements to mandate attendance at up to 30 hours of counseling and/or up to 20 hours of educational or informational sessions;
(d) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and
(e) Upon request of any victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.
(3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to RCW 13.40.630.
(4) In assessing periods of community restitution to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian. To the extent possible, the court officer shall advise the victims of the juvenile offender of the diversion process, offer victim impact letter forms and restitution claim forms, and involve members of the community. Such members of the community may meet with the juvenile and may advise the court officer as to the terms of the diversion agreement and may supervise the juvenile in carrying out its terms.
(5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the 21st birthday of the divertee.
(b) If additional time is necessary for the juvenile to complete the terms of the agreement or restitution to a victim, the time period limitations of this subsection may be extended by an additional six months at the request of the juvenile.
(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of a civil order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to 10 years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of 10 years after the juvenile's 18th birthday. Prior to the expiration of the initial 10 year period, the juvenile court may extend the judgment for restitution an additional 10 years. The court may relieve the juvenile of the requirement to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a 10 year period. If the court relieves the juvenile of the requirement to pay full or partial restitution, the court may order an amount of community restitution that the court deems appropriate. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.
(d) A diversion agreement may be completed by the juvenile any time prior to an order terminating the agreement.
(6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(7) Divertees and potential divertees shall be afforded due process in all contacts with a diversion 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 be 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 21 years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is 21 years of age or older;
(f) In no case may a court terminate a diversion agreement on or after the juvenile's 21st birthday and, thereafter, any pending information in the case diverted and any pending motion to terminate shall be dismissed with prejudice.
(8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
(9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
(10) The diversion unit may refer a juvenile to a restorative justice program, community-based counseling, or treatment programs.
(11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversion unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
(12) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(13) A diversion unit may refuse to enter into a diversion agreement with a juvenile. When a diversion unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversion unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
(14) A diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than $50 in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection includes the authority to refer the juvenile to community-based counseling or treatment programs or a restorative justice program. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(8). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversion unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
(15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's 18th birthday and which includes a period extending beyond the divertee's 18th birthday.
(16) If restitution required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert unpaid restitution into community restitution. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community restitution in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
(17) In no case may a diversion be entered into for an offense committed on or after the juvenile's 18th birthday.
[ 2025 c 140 s 3; 2022 c 34 s 1; 2018 c 82 s 4; 2015 c 265 s 25; 2014 c 128 s 5; 2013 c 179 s 4; 2012 c 201 s 2; 2004 c 120 s 3. Prior: 2002 c 237 s 8; 2002 c 175 s 21; 1999 c 91 s 1; 1997 c 338 s 70; 1997 c 121 s 8; 1996 c 124 s 1; 1994 sp.s. c 7 s 544; 1992 c 205 s 108; 1985 c 73 s 2; 1983 c 191 s 16; 1981 c 299 s 8; 1979 c 155 s 61; 1977 ex.s. c 291 s 62.]
Notes:
Findings—Intent—2025 c 140: "(1) The legislature finds that youth diverted from the justice system have lower likelihood for future arrests, higher rates of school completion and college enrollment, and earn higher incomes in adulthood than youth who are adjudicated through the court process.
(2) The legislature further finds that there is significant cost benefit to offering youth diversion. A 2019 Washington state institute for public policy analysis found that diverting youth returned a societal benefit of more than $11,000 per dollar spent due to lower recidivism rates and improved outcomes.
(3) The legislature also finds that diversion is offered at different rates in different counties, leading to justice by geography and pointing to opportunities to expand the use of diversion in Washington.
(4) Therefore, it is the intent of the legislature to strengthen the ability of courts to offer robust diversion services and improve the data and accountability framework for diversions in Washington state." [ 2025 c 140 s 1.]
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Finding—2014 c 128: See note following RCW 13.40.042.
Finding—2013 c 179: See note following RCW 13.40.042.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Application—1994 sp.s. c 7 ss 540-545: See note following RCW 13.50.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—1985 c 73: See note following RCW 13.40.030.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Diversion agreement—Scope—Limitations—Restitution orders—Divertee's rights—Diversion unit's powers and duties—Interpreters—Modification.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 13.40.082

text:
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 13.40.080.


title: RCW 13.40.087

text:
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 and 74.14B.070.
[ 2010 c 289 s 5.]
Notes:
*Reviser's note: RCW 74.14B.060 was repealed by 2012 c 29 s 14.

catchline: Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.


title: RCW 13.40.090

text:
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 juvenile court matters except felonies unless requested by the court on an individual basis to represent the state at an adjudicatory hearing in which case he or she shall participate. When the prosecutor declines to represent the state, then such function may be performed by the juvenile court probation counselor authorized by the court or local court rule to serve as the prosecuting authority.
If the prosecuting attorney elects not to participate, the prosecuting attorney shall file with the county clerk each year by the first Monday in July notice of intent not to participate. In a county wherein the prosecuting attorney has elected not to participate in juvenile court, he or she shall not thereafter until the next filing date participate in juvenile court proceedings unless so requested by the court on an individual basis, in which case the prosecuting attorney shall participate.
[ 1977 ex.s. c 291 s 63.]
Notes:
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.


title: RCW 13.40.100

text:
(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 juvenile is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.
(3) A copy of the information shall be attached to each summons.
(4) The summons shall advise the parties of the right to counsel.
(5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court.
(7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor.
(8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
[ 1997 c 338 s 19; 1979 c 155 s 62; 1977 ex.s. c 291 s 64.]
Notes:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—Contempt of court, when.


title: RCW 13.40.110

text:
(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 hearing on the question of declining jurisdiction only if:
(a) The respondent was, at the time of the alleged offense, at least 15 years of age or older and is charged with a serious violent offense as defined in RCW 9.94A.030;
(b) The respondent was, at the time of the alleged offense, 14 years of age or younger and is charged with murder in the first degree (RCW 9A.32.030), and/or murder in the second degree (RCW 9A.32.050); or
(c) The respondent is any age and is charged with custodial assault, RCW 9A.36.100, and, at the time the respondent is charged, is already serving a minimum juvenile sentence to age 21.
(2) Mandatory decline hearing - Unless waived by the court, the parties, and their counsel, a decline hearing shall be held when the information alleges an escape by the respondent and the respondent is serving a minimum juvenile sentence to age 21.
(3) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.
(4) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.
[ 2024 c 117 s 2; 2019 c 322 s 10; 2018 c 162 s 4; 2009 c 454 s 3; 1997 c 338 s 20; 1990 c 3 s 303; 1988 c 145 s 18; 1979 c 155 s 63; 1977 ex.s. c 291 s 65.]
Notes:
Application—2024 c 117: See note following RCW 13.40.300.
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Hearing on question of declining jurisdiction—Held, when—Findings.


title: RCW 13.40.120

text:
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 date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Hearings—Time and place.


title: RCW 13.40.127

text:
(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 juvenile court may, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty. In all cases where the juvenile is eligible for a deferred disposition, there shall be a strong presumption that the deferred disposition will be granted. The court may waive the fourteen-day period anytime before the commencement of trial for good cause.
(3) Any juvenile who agrees to a deferral of disposition shall:
(a) Stipulate to the admissibility of the facts contained in the written police report;
(b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision;
(c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses; and
(d) Acknowledge the direct consequences of being found guilty and the direct consequences that will happen if an order of disposition is entered.
The adjudicatory hearing shall be limited to a reading of the court's record.
(4) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.
(5) Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section.
The court may require a juvenile offender convicted of animal cruelty in the first degree to submit to a mental health evaluation to determine if the offender would benefit from treatment and such intervention would promote the safety of the community. After consideration of the results of the evaluation, as a condition of community supervision, the court may order the offender to attend treatment to address issues pertinent to the offense.
The court may require the juvenile to undergo a mental health or substance abuse assessment, or both. If the assessment identifies a need for treatment, conditions of supervision may include treatment for the assessed need that has been demonstrated to improve behavioral health and reduce recidivism.
The court shall require a juvenile granted a deferral of disposition for unlawful possession of a firearm in violation of RCW 9.41.040 to participate in a qualifying program as described in RCW 13.40.193(2)(b), when available, unless the court makes a written finding based on the outcome of the juvenile court risk assessment that participation in a qualifying program would not be appropriate.
(6) A parent who signed for a probation bond has the right to notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety of any failure to comply. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.
(7)(a) Anytime prior to the conclusion of the period of supervision, the prosecutor or the juvenile's juvenile court community supervision counselor may file a motion with the court requesting the court revoke the deferred disposition based on the juvenile's lack of compliance or treat the juvenile's lack of compliance as a violation pursuant to RCW 13.40.200.
(b) If the court finds the juvenile failed to comply with the terms of the deferred disposition, the court may:
(i) Revoke the deferred disposition and enter an order of disposition; or
(ii) Impose sanctions for the violation pursuant to RCW 13.40.200.
(8) At any time following deferral of disposition the court may, following a hearing, continue supervision for an additional one-year period for good cause.
(9)(a) At the conclusion of the period of supervision, the court shall determine whether the juvenile is entitled to dismissal of the deferred disposition only when the court finds:
(i) The deferred disposition has not been previously revoked;
(ii) The juvenile has completed the terms of supervision;
(iii) There are no pending motions concerning lack of compliance pursuant to subsection (7) of this section; and
(iv) The juvenile has either paid the full amount of restitution, or, made a good faith effort to pay the full amount of restitution during the period of supervision.
(b) If the court finds the juvenile is entitled to dismissal of the deferred disposition pursuant to (a) of this subsection, the juvenile's conviction shall be vacated and the court shall dismiss the case with prejudice, except that a conviction under RCW 16.52.205 shall not be vacated. Whenever a case is dismissed with restitution still owing, the court shall enter a restitution order pursuant to RCW 7.80.130 for any unpaid restitution. Jurisdiction to enforce payment and modify terms of the restitution order shall be the same as those set forth in RCW 7.80.130.
(c) If the court finds the juvenile is not entitled to dismissal of the deferred disposition pursuant to (a) of this subsection, the court shall revoke the deferred disposition and enter an order of disposition. A deferred disposition shall remain a conviction unless the case is dismissed and the conviction is vacated pursuant to (b) of this subsection or sealed pursuant to RCW 13.50.260.
(10)(a)(i) Any time the court vacates a conviction pursuant to subsection (9) of this section, if the juvenile is eighteen years of age or older and the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider authorized under Title 48 RCW has been paid, the court shall enter a written order sealing the case.
(ii) Any time the court vacates a conviction pursuant to subsection (9) of this section, if the juvenile is not eighteen years of age or older and full restitution ordered has been paid, the court shall schedule an administrative sealing hearing to take place no later than thirty days after the respondent's eighteenth birthday, at which time the court shall enter a written order sealing the case. The respondent's presence at the administrative sealing hearing is not required.
(iii) Any deferred disposition vacated prior to June 7, 2012, is not subject to sealing under this subsection.
(b) Nothing in this subsection shall preclude a juvenile from petitioning the court to have the records of his or her deferred dispositions sealed under RCW 13.50.260.
(c) Records sealed under this provision shall have the same legal status as records sealed under RCW 13.50.260.
[ 2016 c 136 s 3; 2015 c 265 s 26. Prior: 2014 c 175 s 6; 2014 c 117 s 2; 2013 c 179 s 5; 2012 c 177 s 1; 2009 c 236 s 1; 2004 c 117 s 2; 2001 c 175 s 3; 1997 c 338 s 21.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
Finding—2013 c 179: See note following RCW 13.40.042.
Effective date—2004 c 117: See note following RCW 13.40.0357.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

catchline: Deferred disposition.


title: RCW 13.40.130

text:
(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 may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set. The court shall notify the parent, guardian, or custodian who has custody of a juvenile described in the charging document of the dispositional or adjudicatory hearing and shall require attendance.
(3) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt.
(4) The court shall record its findings of fact and shall enter its decision upon the record. Such findings shall set forth the evidence relied upon by the court in reaching its decision.
(5) If the respondent is found not guilty he or she shall be released from detention.
(6) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing. Notice of the time and place of the continued hearing may be given in open court. If notice is not given in open court to a party, the party and the parent, guardian, or custodian who has custody of the juvenile shall be notified by mail of the time and place of the continued hearing.
(7) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case.
(8) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.
(9) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.
(10) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
[ 1997 c 338 s 22; 1981 c 299 s 10; 1979 c 155 s 65; 1977 ex.s. c 291 s 67.]
Notes:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Procedure upon plea of guilty or not guilty to information allegations—Notice—Adjudicatory and disposition hearing—Disposition standards used in sentencing.


title: RCW 13.40.135

text:
(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 defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(2) In a juvenile case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation. The court shall make a finding of fact of whether or not the sexual motivation was present at the time of the commission of the offense. This finding shall not be applied to sex offenses as defined in RCW 9.94A.030.
(3) The prosecuting attorney shall not withdraw the special allegation of "sexual motivation" without approval of the court through an order of dismissal. The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
[ 2009 c 28 s 33; 1997 c 338 s 23; 1990 c 3 s 604.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Application—1990 c 3 ss 601-605: See note following RCW 9.94A.835.

catchline: Sexual motivation special allegation—Procedures.


title: RCW 13.40.140

text:
(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 stages of the proceedings. Unless waived, counsel shall be provided to a juvenile who is financially unable to obtain counsel without causing substantial hardship to himself or herself or the juvenile's family, in any proceeding where the juvenile may be subject to transfer for criminal prosecution, or in any proceeding where the juvenile may be in danger of confinement. The ability to pay part of the cost of counsel does not preclude assignment. In no case may a juvenile be deprived of counsel because of a parent, guardian, or custodian refusing to pay therefor. The juvenile shall be fully advised of the juvenile's right to an attorney and of the relevant services an attorney can provide.
(3) The right to counsel includes the right to the appointment of experts necessary, and the experts shall be required pursuant to the procedures and requirements established by the supreme court.
(4) Upon application of a party, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing, or such subpoenas may be issued by an attorney of record.
(5) All proceedings shall be transcribed verbatim by means which will provide an accurate record.
(6) The general public and press shall be permitted to attend any hearing unless the court, for good cause, orders a particular hearing to be closed. The presumption shall be that all such hearings will be open.
(7) In all adjudicatory proceedings before the court, all parties shall have the right to adequate notice, discovery as provided in criminal cases, opportunity to be heard, confrontation of witnesses except in such cases as this chapter expressly permits the use of hearsay testimony, findings based solely upon the evidence adduced at the hearing, and an unbiased fact finder.
(8) A juvenile shall be accorded the same privilege against self-incrimination as an adult and the protections provided in RCW 13.40.740. An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence at an adjudicatory hearing over objection. Evidence illegally seized or obtained, including evidence obtained in violation of RCW 13.40.740, may not be received in evidence over objection at an adjudicatory hearing to prove the allegations against the juvenile if the evidence would be inadmissible in an adult criminal proceeding. An extrajudicial admission or confession made by the juvenile out of court is insufficient to support a finding that the juvenile committed the acts alleged in the information unless evidence of a corpus delicti is first independently established in the same manner as required in an adult criminal proceeding.
(9) Statements, admissions, or confessions made by a juvenile in the course of a mental health or chemical dependency screening or assessment, whether or not the screening or assessment was ordered by the court, shall not be admissible into evidence against the juvenile on the issue of guilt in any juvenile offense matter or adult criminal proceeding, unless the juvenile has placed the juvenile's mental health at issue. The statement is admissible for any other purpose or proceeding allowed by law. This prohibition does not apply to statements, admissions, or confessions made to law enforcement, and may not be used to argue for derivative suppression of other evidence lawfully obtained as a result of an otherwise inadmissible statement, admission, or confession.
(10) Waiver of any right which a juvenile has under this chapter must be an express waiver intelligently made by the juvenile after the juvenile has been fully informed of the right being waived, including having access to an attorney for consultation if required under RCW 13.40.740.
(11) Whenever this chapter refers to waiver or objection by a juvenile, the word juvenile shall be construed to refer to a juvenile who is at least 12 years of age. If a juvenile is under 12 years of age, the juvenile's parent, guardian, or custodian shall give any waiver or offer any objection contemplated by this chapter.
[ 2021 c 328 s 2; 2014 c 110 s 2; 1981 c 299 s 11; 1979 c 155 s 66; 1977 ex.s. c 291 s 68.]
Notes:
Effective date—2021 c 328: See note following RCW 13.40.740.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Juveniles entitled to usual judicial rights—Notice of—Open court—Privilege against self-incrimination—Waiver of rights, when.


title: RCW 13.40.150

text:
(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 or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.
(2) For purposes of disposition:
(a) Violations which are current offenses count as misdemeanors;
(b) Violations may not count as part of the offender's criminal history;
(c) In no event may a disposition for a violation include confinement.
(3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:
(a) Consider the facts supporting the allegations of criminal conduct by the respondent;
(b) Consider information and arguments offered by parties and their counsel;
(c) Consider any predisposition reports;
(d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;
(e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;
(f) Determine the amount of restitution owing to the victim, if any, or set a hearing for a later date not to exceed one hundred eighty days from the date of the disposition hearing to determine the amount, except that the court may continue the hearing beyond the one hundred eighty days for good cause;
(g) Determine the respondent's offender score;
(h) Consider whether or not any of the following mitigating factors exist:
(i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;
(ii) The respondent acted under strong and immediate provocation;
(iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;
(iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and
(v) There has been at least one year between the respondent's current offense and any prior criminal offense;
(i) Consider whether or not any of the following aggravating factors exist:
(i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;
(ii) The offense was committed in an especially heinous, cruel, or depraved manner;
(iii) The victim or victims were particularly vulnerable;
(iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;
(v) The current offense included a finding of sexual motivation pursuant to RCW 13.40.135;
(vi) The respondent was the leader of a criminal enterprise involving several persons;
(vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history; and
(viii) The standard range disposition is clearly too lenient considering the seriousness of the juvenile's prior adjudications.
(4) The following factors may not be considered in determining the punishment to be imposed:
(a) The sex of the respondent;
(b) The race or color of the respondent or the respondent's family;
(c) The creed or religion of the respondent or the respondent's family;
(d) The economic or social class of the respondent or the respondent's family; and
(e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.
(5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.
[ 1998 c 86 s 1; 1997 c 338 s 24; 1995 c 268 s 5; 1992 c 205 s 109; 1990 c 3 s 605; 1981 c 299 s 12; 1979 c 155 s 67; 1977 ex.s. c 291 s 69.]
Notes:
Effective date—1998 c 86: "This act takes effect July 1, 1998." [ 1998 c 86 s 2.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Application—1990 c 3 ss 601-605: See note following RCW 9.94A.835.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Disposition hearing—Scope—Factors to be considered prior to entry of dispositional order.


title: RCW 13.40.160

text:
(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 standard ranges, except as provided in subsection (2), (3), (4), (5), or (6) of this section. The disposition may be comprised of one or more local sanctions.
(b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsection (2), (3), (4), (5), or (6) of this section.
(2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.
(3) If a juvenile 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 has no history of a prior sex offense, the court may impose the special sex offender disposition alternative under RCW 13.40.162.
(4) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65 weeks of confinement, the court may impose the disposition alternative under *RCW 13.40.167.
(6) When the offender is subject to a standard range commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative, or mental health disposition alternative, the court in a county with a pilot program under **RCW 13.40.169 may impose the disposition alternative under **RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(2)(a)(v) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
(8) RCW 13.40.308 shall govern the disposition of any juvenile adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, possession of a stolen motor vehicle as defined under RCW 9A.56.068, taking a motor vehicle without permission in the first degree under RCW 9A.56.070, and taking a motor vehicle without permission in the second degree under RCW 9A.56.075.
(9) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(10) Except as provided under subsection (3), (4), (5), or (6) of this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.
(11) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
[ 2023 c 295 s 9; 2022 c 268 s 38; 2020 c 18 s 9; 2011 c 338 s 2; 2007 c 199 s 14. Prior: 2004 c 120 s 4; 2004 c 38 s 11; prior: 2003 c 378 s 3; 2003 c 53 s 99; 2002 c 175 s 22; 1999 c 91 s 2; prior: 1997 c 338 s 25; 1997 c 265 s 1; 1995 c 395 s 7; 1994 sp.s. c 7 s 523; 1992 c 45 s 6; 1990 c 3 s 302; 1989 c 407 s 4; 1983 c 191 s 8; 1981 c 299 s 13; 1979 c 155 s 68; 1977 ex.s. c 291 s 70.]
Notes:
Reviser's note: *(1) RCW 13.40.167 was repealed by 2016 c 106 s 4.
**(2) RCW 13.40.169 expired July 1, 2005.
Findings—Intent—2023 c 295: See note following RCW 9.41.040.
Effective dates—2022 c 268: See note following RCW 7.105.010.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Severability—1997 c 265: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1997 c 265 s 9.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability—Application—1992 c 45: See notes following RCW 9.94A.840.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Disposition order—Court's action prescribed—Disposition outside standard range—Right of appeal—Special sex offender disposition alternative.


title: RCW 13.40.162

text:
(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 a prior sex offense; or
(b) The offender is found to have committed assault in the fourth degree with sexual motivation, and the offender has no history of a prior sex offense.
(2) If the court finds the offender is eligible for this alternative, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.
(a) The report of the examination shall include at a minimum the following:
(i) The respondent's version of the facts and the official version of the facts;
(ii) The respondent's offense history;
(iii) An assessment of problems in addition to alleged deviant behaviors;
(iv) The respondent's social, educational, and employment situation;
(v) Other evaluation measures used.
The report shall set forth the sources of the evaluator's information.
(b) The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(i) The frequency and type of contact between the offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
(c) For good cause shown, the court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion.
(3) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option D, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years.
(4) As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to 30 days of confinement and requirements that the offender do any one or more of the following:
(a) Devote time to a specific education, employment, or occupation;
(b) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;
(c) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;
(d) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;
(e) Report as directed to the court and a probation counselor;
(f) Pay restitution and perform community restitution, or any combination thereof;
(g) Make restitution to the victim for the cost of any counseling reasonably related to the offense; or
(h) Comply with the conditions of any court-ordered probation bond.
(5) If the court orders 24 hour, continuous monitoring of the offender while on probation, the court shall include the basis for this condition in its findings.
(6)(a) The court must order the offender not to attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings.
(b) The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district.
(c) The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than 10 calendar days after entry of the disposition.
(7)(a) The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
(b) At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
(c) Except as provided in this subsection, examinations and treatment ordered pursuant to this subsection shall be conducted by qualified professionals as described under (d) of this subsection, certified sex offender treatment providers, or certified affiliate sex offender treatment providers under chapter 18.155 RCW.
(d) A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the therapist is a professional licensed under chapter 18.225 or 18.83 RCW and the treatment employed is evidence-based for sex offender treatment, or if the court finds that: (i) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (ii) no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home; and (iii) the evaluation and treatment plan comply with this subsection and the rules adopted by the department of health.
(8)(a) If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to 30 days confinement for violating conditions of the disposition.
(b) The court may order both execution of the disposition and up to 30 days confinement for the violation of the conditions of the disposition.
(c) The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(9) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(10) The respondent or the parent, guardian, or other person having custody of the respondent shall not be required to pay the cost of any evaluation or treatment of the respondent ordered under this section.
(11) A disposition entered under this section is not appealable under RCW 13.40.230.
[ 2023 c 449 s 17; 2023 c 150 s 8; 2020 c 249 s 1; 2011 c 338 s 3.]
Notes:
Reviser's note: This section was amended by 2023 c 150 s 8 and by 2023 c 449 s 17, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 449: See note following RCW 13.40.058.
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.

catchline: Special sex offender disposition alternative.


title: RCW 13.40.165

text:
(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 disorder, mental health, and/or co-occurring disorder treatment receive an appropriate continuum of culturally relevant care and treatment, including prevention and early intervention, self-directed care, parent-directed care, and residential treatment. To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide these services to minors shall jointly plan and deliver these services. It is also the purpose of the disposition alternative to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs and in accordance with sound professional judgment. The mental health, substance abuse, and co-occurring disorder treatment providers shall, to the extent possible, offer services that involve minors' parents, guardians, and family.
(2) The court must consider eligibility for the substance use disorder or mental health disposition alternative when a juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, other than a first time B+ offense under chapter 69.50 RCW. The court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, substance abusing, or has significant mental health or co-occurring disorders may order an examination by a substance use disorder counselor from a substance use disorder treatment facility approved under *chapter 70.96A RCW or a mental health professional as defined in chapter 71.34 RCW to determine if the youth is chemically dependent, substance abusing, or suffers from significant mental health or co-occurring disorders. The state shall pay the cost of any examination ordered under this subsection unless third-party insurance coverage is available.
(3) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems, mental health diagnoses, previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.
(4) The examiner shall assess and report regarding the respondent's relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a) Whether inpatient and/or outpatient treatment is recommended;
(b) Availability of appropriate treatment;
(c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(d) Anticipated length of treatment; and
(e) Recommended crime-related prohibitions.
(5) The court on its own motion may order, or on a motion by the state or the respondent shall order, a second examination. The evaluator shall be selected by the party making the motion. The requesting party shall pay the cost of any examination ordered under this subsection unless the requesting party is the offender, in which case the state shall pay the cost if no third-party insurance coverage is available.
(6)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.
(b) If the court determines that this disposition alternative is appropriate, then the court shall impose the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition above the standard range as indicated in option D of RCW 13.40.0357 if the disposition is an increase from the standard range and the confinement of the offender does not exceed a maximum of 52 weeks, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol, mental health, or co-occurring disorder treatment and/or inpatient mental health or drug/alcohol treatment. The court shall only order inpatient treatment under this section if a funded bed is available. If the inpatient treatment is longer than 90 days, the court shall hold a review hearing every 30 days beyond the initial 90 days. The respondent may appear telephonically at these review hearings if in compliance with treatment. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to 30 days of confinement, 150 hours of community restitution, and payment of restitution.
(7) The mental health/co-occurring disorder/drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may impose sanctions pursuant to RCW 13.40.200 or revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(8) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged. "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.
(9) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(10) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
(11) A disposition under this section is not appealable under RCW 13.40.230.
(12) Subject to funds appropriated for this specific purpose, the costs incurred by the juvenile courts for the mental health, substance use disorder, and/or co-occurring disorder evaluations, treatment, and costs of supervision required under this section shall be paid by the health care authority.
(13) A juvenile, or the parent, guardian, or other person having custody of the juvenile shall not be required to pay the cost of any evaluation or treatment ordered under this section.
[ 2023 c 449 s 18; 2019 c 325 s 5007; 2016 c 106 s 3; 2004 c 120 s 5; 2003 c 378 s 6. Prior: 2002 c 175 s 23; 2002 c 42 s 1; 2001 c 164 s 1; 1997 c 338 s 26.]
Notes:
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
Effective date—2023 c 449: See note following RCW 13.40.058.
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effectiveness standards—1997 c 338 s 26: "The University of Washington shall develop standards for measuring effectiveness of treatment programs established under section 26 of this act. The standards shall be developed and presented to the governor and legislature not later than January 1, 1998. The standards shall include methods for measuring success factors following treatment. Success factors shall include, but need not be limited to, continued use of alcohol or controlled substances, arrests, violations of terms of community supervision, and convictions for subsequent offenses." [ 1997 c 338 s 27.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

catchline: Substance use disorder or mental health disposition alternative.


title: RCW 13.40.180

text:
(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 omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed 150 percent of the term imposed for the most serious offense;
(b) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and
(c) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require any payment of fines or the performance of more than 200 hours of community restitution.
(2) Where disposition in separate disposition orders is imposed on a youth, the periods of community supervision contained in separate orders, if any, shall run concurrently. All other terms contained in separate disposition orders shall run consecutively.
[ 2023 c 449 s 19; 2012 c 177 s 3; 2002 c 175 s 24; 1981 c 299 s 14; 1977 ex.s. c 291 s 72.]
Notes:
Effective date—2023 c 449: See note following RCW 13.40.058.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Single disposition order—Consecutive terms when two or more offenses—Limitations—Separate disposition order—Concurrent period of community supervision.


title: RCW 13.40.185

text:
(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, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.
(2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility. The juvenile court administrator and the secretary or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed. The counties may operate a variety of detention facilities as determined by the county legislative authority subject to available funds.
[ 2017 3rd sp.s. c 6 s 608; 1994 sp.s. c 7 s 524; 1981 c 299 s 15.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Disposition order—Confinement under departmental supervision or in juvenile facility, when.


title: RCW 13.40.190

text:
(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 guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted.
(b) Restitution may include the costs of counseling reasonably related to the offense.
(c) The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter.
(d) The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. If the court determines that a juvenile has insufficient funds to pay and upon agreement of the victim, the court may order performance of a number of hours of community restitution in lieu of monetary penalty, at the rate of the then state minimum wage per hour. The court shall allow the victim to determine the nature of the community restitution to be completed when it is practicable and appropriate to do so. 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 and, during this period, the restitution portion of the dispositional order may be modified as to amount, terms, and conditions at any time. 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. If the court grants a respondent's petition pursuant to RCW 13.50.260, the court's jurisdiction under this subsection shall terminate.
(e) Nothing in this section shall prevent a respondent from petitioning the court pursuant to RCW 13.50.260 if the respondent has paid the full restitution amount stated in the court's order and has met the statutory criteria.
(f) If the respondent participated in the crime with another person or other persons, the court may either order joint and several restitution or may divide restitution equally among the respondents. In determining whether restitution should be joint and several or equally divided, the court shall consider the interest and circumstances of the victim or victims, the circumstances of the respondents, and the interest of justice.
(g) At any time, the court may determine that the respondent is not required to pay, or may relieve the respondent of the requirement to pay, full or partial restitution to any insurance provider authorized under Title 48 RCW if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution to the insurance provider.
(2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.
(3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. The county clerk shall make restitution disbursements to victims prior to payments to any insurance provider under Title 48 RCW.
(4) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged. "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.
(5) A respondent under obligation to pay restitution may petition the court for modification of the restitution order for good cause shown, including inability to pay.
[ 2015 c 265 s 6; 2014 c 175 s 7; 2010 c 134 s 1; 2004 c 120 s 6. Prior: 1997 c 338 s 29; 1997 c 121 s 9; 1996 c 124 s 2; 1995 c 33 s 5; 1994 sp.s. c 7 s 528; 1987 c 281 s 5; 1985 c 257 s 2; 1983 c 191 s 9; 1979 c 155 s 69; 1977 ex.s. c 291 s 73.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
Effective date—2004 c 120: See note following RCW 13.40.010.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1987 c 281: See note following RCW 7.68.020.
Severability—1985 c 257: See note following RCW 13.34.165.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Disposition order—Restitution for loss or damage—Modification of restitution order.


title: RCW 13.40.192

text:
(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 remaining balance of the juvenile's restitution in the same manner as other judgments for the payment of money. The judgment remains valid and enforceable until 10 years from the date of its imposition. The clerk of the superior court may seek extension of the judgment for restitution in the same manner as RCW 6.17.020 for purposes of collection as allowed under RCW 36.18.190.
(2)(a) A judgment against a juvenile for any legal financial obligation other than restitution including, but not limited to, fines, penalty assessments, attorneys' fees, court costs, and other administrative fees, is not enforceable after July 1, 2023. The superior court clerk shall not accept payments from a respondent who was ordered to pay legal financial obligations, including fines, penalty assessments, attorneys' fees, and court costs after July 1, 2023. Any such debts shall be rendered null and void, and considered satisfied and paid in full by July 1, 2027, according to the following schedule:
(i) By June 30, 2025, debts resulting from cases filed from July 1, 2018, through June 30, 2023;
(ii) By June 30, 2026, debts resulting from cases filed from July 1, 2013, through June 30, 2018; and
(iii) By June 30, 2027, debts resulting from cases filed prior to July 1, 2013.
(b) Nothing in this section shall prevent a court from granting individual relief at any time in response to a motion.
(c) The presiding judge of a superior court may at any time authorize an administrative process to waive outstanding debt for any uncollectible legal financial obligation, other than restitution, imposed against a juvenile. The administrative process must ensure that debts:
(i) Are waived within any statutorily required deadlines;
(ii) Do not affect an individual's credit;
(iii) Are recalled from any collections agency; and
(iv) Do not appear in any background check.
(d) For the purposes of this section, the clerk of the superior court may seek a judicial order to waive outstanding debt for any uncollectible legal financial obligations, other than restitution, in the same manner as the clerk is authorized to seek an extension of jurisdiction under RCW 6.17.020 for purposes of collection as allowed under RCW 36.18.190. Any motion filed by the clerk of the superior court under this section does not constitute the practice of law.
[ 2024 c 38 s 1; 2023 c 449 s 20; 2015 c 265 s 7; 1997 c 121 s 7.]
Notes:
Effective date—2023 c 449: See note following RCW 13.40.058.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.

catchline: Restitution and other legal financial obligations—Enforceability—Treatment of obligations upon age of eighteen or conclusion of juvenile court jurisdiction—Extension of judgment.


title: RCW 13.40.193

text:
(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 more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement.
(2)(a) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040, the disposition must include a requirement that the respondent participate in a qualifying program as described in (b) of this subsection, when available, unless the court makes a written finding based on the outcome of the juvenile court risk assessment that participation in a qualifying program would not be appropriate.
(b) For purposes of this section, "qualifying program" means an aggression replacement training program, a functional family therapy program, or another program applicable to the juvenile firearm offender population that has been identified as evidence-based or research-based and cost-beneficial in the current list prepared at the direction of the legislature by the Washington state institute for public policy.
(3) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. If the offender or an accomplice was armed with a firearm when the offender committed any felony other than possession of a machine gun or bump-fire stock, possession of a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, or use of a machine gun or bump-fire stock in a felony, the following periods of total confinement must be added to the sentence: (a) Except for (b) of this subsection, for a class A felony, six months; for a class B felony, four months; and for a class C felony, two months; (b) for any violent offense as defined in RCW 9.94A.030, committed by a respondent who is sixteen or seventeen years old at the time of the offense, a period of twelve months. The additional time shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357.
(4)(a) If the court finds that the respondent who is sixteen or seventeen years old and committed the offense of robbery in the first degree, drive-by shooting, rape of a child in the first degree, burglary in the first degree, or any violent offense as defined in RCW 9.94A.030 and was armed with a firearm, and the court finds that the respondent's participation was related to membership in a criminal street gang or advancing the benefit, aggrandizement, gain, profit, or other advantage for a criminal street gang, a period of three months total confinement must be added to the sentence. The additional time must be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357 and must be served consecutively with any other sentencing enhancement.
(b) For the purposes of this section, "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents.
(5) When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.
(6) Any term of confinement ordered pursuant to this section shall run consecutively to any term of confinement imposed in the same disposition for other offenses.
[ 2023 c 295 s 10; 2022 c 268 s 39; 2020 c 18 s 10; 2019 c 64 s 4. Prior: 2018 c 162 s 5; 2018 c 22 s 7; 2018 c 7 s 9; 2014 c 117 s 1; 2003 c 53 s 100; 1997 c 338 s 30; 1994 sp.s. c 7 s 525.]
Notes:
Findings—Intent—2023 c 295: See note following RCW 9.41.040.
Effective dates—2022 c 268: See note following RCW 7.105.010.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Effective dates—2018 c 7: See note following RCW 9.41.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Firearms—Length of confinement.


title: RCW 13.40.196

text:
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 make a finding whether the offender or an accomplice was armed with a firearm when the offender committed the offense.
[ 1994 sp.s. c 7 s 526.]
Notes:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Firearms—Special allegation.