Juvenile rehab. to 25 repeal

AN ACT Relating to repeal of juvenile rehabilitation to 25 1
legislation; amending RCW 13.40.0357, 13.40.110, 13.40.193, 2
13.40.300, 72.01.410, 13.40.020, 13.40.205, 13.40.215, and 13.22.010; 3
reenacting and amending RCW 13.04.030; repealing RCW 13.40.301, 4
13.04.800, 72.01.412, and 43.216.180; repealing 2019 c 322 s 1 5
(uncodified); and repealing 2021 c 206 ss 1, 8, and 10 (uncodified).6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 13.04.030 and 2024 c 232 s 2 and 2024 c 117 s 3 are 8
each reenacted and amended to read as follows: 9
(1) Except as provided in this section, the juvenile courts in 10
this state shall have exclusive original jurisdiction over all 11
proceedings: 12
(a) Under the interstate compact on placement of children as 13
provided in chapter 26.34 RCW; 14
(b) Relating to children alleged or found to be dependent as 15
provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.161;16
(c) Relating to the termination of a parent and child 17
relationship as provided in RCW 13.34.180 through 13.34.210;18
(d) To approve or disapprove out-of-home placement as provided in 19
RCW 13.32A.170; 20
S-0381.1
SENATE BILL 5277
State of Washington 69th Legislature 2025 Regular Session
By Senators Braun, Christian, and Dozier
Read first time 01/15/25. Referred to Committee on Human Services.
p. 1 SB 5277
(e) Relating to juveniles alleged or found to have committed 1
offenses, traffic or civil infractions, or violations as provided in 2
RCW 13.40.020 through 13.40.230, unless: 3
(i) The juvenile court transfers jurisdiction of a particular 4
juvenile to adult criminal court pursuant to RCW 13.40.110;5
(ii) The statute of limitations applicable to adult prosecution 6
for the offense, traffic or civil infraction, or violation has 7
expired; 8
(iii) The alleged offense or infraction is a traffic, fish, 9
boating, or game offense, or traffic or civil infraction committed by 10
a juvenile 16 years of age or older and would, if committed by an 11
adult, be tried or heard in a court of limited jurisdiction, in which 12
instance the appropriate court of limited jurisdiction shall have 13
jurisdiction over the alleged offense or infraction, and no guardian 14
ad litem is required in any such proceeding due to the juvenile's 15
age. If such an alleged offense or infraction and an alleged offense 16
or infraction subject to juvenile court jurisdiction arise out of the 17
same event or incident, the juvenile court may have jurisdiction of 18
both matters. The jurisdiction under this subsection does not 19
constitute "transfer" or a "decline" for purposes of RCW 13.40.110 20
(1) or (2) or (e)(i) of this subsection. Courts of limited 21
jurisdiction which confine juveniles for an alleged offense or 22
infraction may place juveniles in juvenile detention facilities under 23
an agreement with the officials responsible for the administration of 24
the juvenile detention facility in RCW 13.04.035 and 13.20.060;25
(iv) The alleged offense is a traffic or civil infraction, a 26
violation of compulsory school attendance provisions under chapter 27
28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction 28
has assumed concurrent jurisdiction over those offenses as provided 29
in RCW 13.04.0301; or 30
(v) The juvenile is 16 or 17 years old on the date the alleged 31
offense is committed and the alleged offense is: 32
(A) A serious violent offense as defined in RCW 9.94A.030;33
(B) A violent offense as defined in RCW 9.94A.030 and the 34
juvenile has a criminal history consisting of: (I) One or more prior 35
serious violent offenses; (II) two or more prior violent offenses; or 36
(III) three or more of any combination of the following offenses: Any 37
class A felony, any class B felony, vehicular assault, or 38
manslaughter in the second degree, all of which must have been 39
p. 2 SB 5277
committed after the juvenile's 13th birthday and prosecuted 1
separately; ((or))2
(C) ((Rape of a child in the first degree )) Robbery in the first 3
degree, rape of a child in the first degree, or drive-by shooting, 4
committed on or after July 1, 1997;5
(D) Burglary in the first degree committed on or after July 1, 6
1997, and the juvenile has a criminal history consisting of one or 7
more prior felony or misdemeanor offenses; or8
(E) Any violent offense as defined in RCW 9.94A.030 committed on 9
or after July 1, 1997, and the juvenile is alleged to have been armed 10
with a firearm. 11
(I) In such a case the adult criminal court shall have exclusive 12
original jurisdiction, except as provided in (e)(v)(((C))) (E)(II) 13
and (III) of this subsection. 14
(II) The juvenile court shall have exclusive jurisdiction over 15
the disposition of any remaining charges in any case in which the 16
juvenile is found not guilty in the adult criminal court of the 17
charge or charges for which he or she was transferred, or is 18
convicted in the adult criminal court of an offense that is not also 19
an offense listed in (e)(v) of this subsection. The juvenile court 20
shall ((maintain residual )) enter an order extending juvenile court 21
jurisdiction ((up to age 25 )) if the juvenile has turned 18 years of 22
age during the adult criminal court proceedings ((but only for the 23
purpose of returning a case to juvenile court for disposition )) 24
pursuant to RCW 13.40.300(2)(a)(ii). However, once the case is 25
returned to juvenile court, the court may hold a decline hearing 26
pursuant to RCW 13.40.110 to determine whether to retain the case in 27
juvenile court for the purpose of disposition or return the case to 28
adult criminal court for sentencing.29
(III) The prosecutor and respondent may agree to juvenile court 30
jurisdiction and waive application of exclusive adult criminal 31
jurisdiction in (e)(v)(A) through (((C))) (E) of this subsection and 32
remove the proceeding back to juvenile court with the court's 33
approval. 34
If the juvenile challenges the state's determination of the 35
juvenile's criminal history under (e)(v) of this subsection, the 36
state may establish the offender's criminal history by a 37
preponderance of the evidence. If the criminal history consists of 38
adjudications entered upon a plea of guilty, the state shall not bear 39
a burden of establishing the knowing and voluntariness of the plea;40
p. 3 SB 5277
(f) Under the interstate compact on juveniles as provided in 1
chapter 13.24 RCW; 2
(g) Relating to termination of a diversion agreement under RCW 3
13.40.080, including a proceeding in which the divertee has attained 4
18 years of age; 5
(h) Relating to court validation of a voluntary consent to an 6
out-of-home placement under chapter 13.34 RCW, by the parent or 7
Indian custodian of an Indian child, except if the parent or Indian 8
custodian and child are residents of or domiciled within the 9
boundaries of a federally recognized Indian reservation over which 10
the tribe exercises exclusive jurisdiction; and 11
(i) Relating to petitions to compel disclosure of information 12
filed by the department of social and health services pursuant to RCW 13
74.13.042. 14
(2) The family court shall have concurrent original jurisdiction 15
with the juvenile court over all proceedings under this section if 16
the superior court judges of a county authorize concurrent 17
jurisdiction as provided in RCW 26.12.010. 18
(3) The juvenile court shall have concurrent original 19
jurisdiction with the family or probate court over minor guardianship 20
proceedings under chapter 11.130 RCW and parenting plans or 21
residential schedules under chapter 26.09, 26.26A, or 26.26B RCW as 22
provided for in RCW 13.34.155. 23
(4) A juvenile subject to adult superior court jurisdiction under 24
subsection (1)(e)(i) through (v) of this section, who is detained 25
pending trial, may be detained in a detention facility as defined in 26
RCW 13.40.020 pending sentencing or a dismissal. 27
(5) Nothing in subsection (1) of this section deprives the 28
superior courts in this state of original jurisdiction granted by the 29
Constitution or by other laws. 30
Sec. 2. RCW 13.40.0357 and 2023 c 295 s 8 are each amended to 31
read as follows: 32
33 DESCRIPTION AND OFFENSE CATEGORY
34
35
36
37
38
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY , OR
SOLICITATION
p. 4 SB 5277
1 Arson and Malicious Mischief
2 A Arson 1 (9A.48.020) B+
3 B Arson 2 (9A.48.030) C
4 C Reckless Burning 1 (9A.48.040) D
5 D Reckless Burning 2 (9A.48.050) E
6 B Malicious Mischief 1 (9A.48.070) C
7 C Malicious Mischief 2 (9A.48.080) D
8 D Malicious Mischief 3 (9A.48.090) E
9
10
E Tampering with Fire Alarm Apparatus
(9.40.100)
E
11
12
E Tampering with Fire Alarm Apparatus
with Intent to Commit Arson (9.40.105)
E
13
14
A Possession of Incendiary Device
(9.40.120)
B+
15
16
Assault and Other Crimes Involving
Physical Harm

17 A Assault 1 (9A.36.011) B+
18 B+ Assault 2 (9A.36.021) C+
19 C+ Assault 3 (9A.36.031) D+
20 D+ Assault 4 (9A.36.041) E
21
22
B+ Drive-By Shooting (9A.36.045)
((committed at age 15 or under))
C+
23
24
((A++ Drive-By Shooting (9A.36.045)
committed at age 16 or 17
A))
25 D+ Reckless Endangerment (9A.36.050) E
26 C+ Promoting Suicide Attempt (9A.36.060) D+
27 D+ Coercion (9A.36.070) E
28 C+ Custodial Assault (9A.36.100) D+
29 Burglary and Trespass
30
31
B+ Burglary 1 (9A.52.020) ((committed at
age 15 or under))
C+
32
33
((A- Burglary 1 (9A.52.020) committed at
age 16 or 17
B+))
34 B Residential Burglary (9A.52.025) C
35 B Burglary 2 (9A.52.030) C
p. 5 SB 5277
1
2
D Burglary Tools (Possession of)
(9A.52.060)
E
3 D Criminal Trespass 1 (9A.52.070) E
4 E Criminal Trespass 2 (9A.52.080) E
5 C Mineral Trespass (78.44.330) C
6 C Vehicle Prowling 1 (9A.52.095) D
7 D Vehicle Prowling 2 (9A.52.100) E
8 Drugs
9
10
E Possession/Consumption of Alcohol
(66.44.270)
E
11
12
C Illegally Obtaining Legend Drug
(69.41.020)
D
13
14
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell (69.41.030(2)(a))
D+
15
16
E Possession of Legend
Drug (69.41.030(2)(b))
E
17
18
19
20
B+ Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(2) (a) or (b))
B+
21
22
23
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(2)(c))
C
24
25
E Possession of Cannabis <40 grams
(69.50.4014)
E
26
27
C Fraudulently Obtaining Controlled
Substance (69.50.403)
C
28
29
C+ Sale of Controlled Substance for Profit
(69.50.410)
C+
30 E Unlawful Inhalation (9.47A.020) E
31
32
33
34
35
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances (69.50.4011(2)
(a) or (b))
B
p. 6 SB 5277
1
2
3
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances (69.50.4011(2) (c), (d), or (e))
C
4
5
6
E Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4013)
E
7
8
9
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4012)
C
10 Firearms and Weapons
11 B Theft of Firearm (9A.56.300) C
12
13
B Possession of Stolen Firearm
(9A.56.310)
C
14
15
E Carrying Loaded Pistol Without Permit
(9.41.050)
E
16
17
C Possession of Firearms by Minor (<18)
(9.41.040(2)(a) (v))
C
18
19
D+ Possession of Dangerous Weapon
(9.41.250)
E
20
21
D Intimidating Another Person by use of
Weapon (9.41.270)
E
22 Homicide
23 A+ Murder 1 (9A.32.030) A
24 A+ Murder 2 (9A.32.050) B+
25 B+ Manslaughter 1 (9A.32.060) C+
26 C+ Manslaughter 2 (9A.32.070) D+
27 B+ Vehicular Homicide (46.61.520) C+
28 Kidnapping
29 A Kidnap 1 (9A.40.020) B+
30 B+ Kidnap 2 (9A.40.030) C+
31 C+ Unlawful Imprisonment (9A.40.040) D+
32 Obstructing Governmental Operation
33
34
D Obstructing a Law Enforcement Officer
(9A.76.020)
E
35 E Resisting Arrest (9A.76.040) E
36 B Introducing Contraband 1 (9A.76.140) C
p. 7 SB 5277
1 C Introducing Contraband 2 (9A.76.150) D
2 E Introducing Contraband 3 (9A.76.160) E
3
4
B+ Intimidating a Public Servant
(9A.76.180)
C+
5 B+ Intimidating a Witness (9A.72.110) C+
6 Public Disturbance
7
8
C+ Criminal Mischief with Weapon
(9A.84.010(2)(b))
D+
9
10
D+ Criminal Mischief Without Weapon
(9A.84.010(2)(a))
E
11 E Failure to Disperse (9A.84.020) E
12 E Disorderly Conduct (9A.84.030) E
13 Sex Crimes
14 A Rape 1 (9A.44.040) B+
15
16
((B++ Rape 2 (9A.44.050) committed at age 14
or under
B+))
17
18
A- Rape 2 (9A.44.050) ((committed at age
15 through age 17))
B+
19 C+ Rape 3 (9A.44.060) D+
20
21
((B++ Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+))
22
23
A- Rape of a Child 1 (9A.44.073)
((committed at age 15))
B+
24 B+ Rape of a Child 2 (9A.44.076) C+
25 B Incest 1 (9A.64.020(1)) C
26 C Incest 2 (9A.64.020(2)) D
27
28
D+ Indecent Exposure (Victim <14)
(9A.88.010)
E
29
30
E Indecent Exposure (Victim 14 or over)
(9A.88.010)
E
31 B+ Promoting Prostitution 1 (9A.88.070) C+
32 C+ Promoting Prostitution 2 (9A.88.080) D+
33 E O & A (Prostitution) (9A.88.030) E
34 B+ Indecent Liberties (9A.44.100) C+
35
36
((B++ Child Molestation 1 (9A.44.083)
committed at age 14 or under
B+))
p. 8 SB 5277
1
2
A- Child Molestation 1 (9A.44.083)
((committed at age 15 through age 17))
B+
3 B Child Molestation 2 (9A.44.086) C+
4
5
C Failure to Register as a Sex Offender
(9A.44.132)
D
6
7
Theft, Robbery, Extortion, and
Forgery

8 B Theft 1 (9A.56.030) C
9 C Theft 2 (9A.56.040) D
10 D Theft 3 (9A.56.050) E
11
12
B Theft of Livestock 1 and 2 (9A.56.080
and 9A.56.083)
C
13 C Forgery (9A.60.020) D
14
15
A Robbery 1 (9A.56.200) ((committed at
age 15 or under))
B+
16
17
((A++ Robbery 1 (9A.56.200) committed at
age 16 or 17
A))
18 B+ Robbery 2 (9A.56.210) C+
19 B+ Extortion 1 (9A.56.120) C+
20 C+ Extortion 2 (9A.56.130) D+
21 C Identity Theft 1 (9.35.020(2)) D
22 D Identity Theft 2 (9.35.020(3)) E
23
24
D Improperly Obtaining Financial
Information (9.35.010)
E
25
26
B Possession of a Stolen Vehicle
(9A.56.068)
C
27
28
B Possession of Stolen Property 1
(9A.56.150)
C
29
30
C Possession of Stolen Property 2
(9A.56.160)
D
31
32
D Possession of Stolen Property 3
(9A.56.170)
E
33
34
B Taking Motor Vehicle Without
Permission 1 (9A.56.070)
C
35
36
C Taking Motor Vehicle Without
Permission 2 (9A.56.075)
D
37 B Theft of a Motor Vehicle (9A.56.065) C
p. 9 SB 5277
1 Motor Vehicle Related Crimes
2 E Driving Without a License (46.20.005) E
3 B+ Hit and Run - Death (46.52.020(4)(a)) C+
4 C Hit and Run - Injury (46.52.020(4)(b)) D
5 D Hit and Run-Attended (46.52.020(5)) E
6 E Hit and Run-Unattended (46.52.010) E
7 C Vehicular Assault (46.61.522) D
8
9
C Attempting to Elude Pursuing Police
Vehicle (46.61.024)
D
10 E Reckless Driving (46.61.500) E
11
12
D Driving While Under the Influence
(46.61.502 and 46.61.504)
E
13
14
B+ Felony Driving While Under the
Influence (46.61.502(6))
B
15
16
B+ Felony Physical Control of a Vehicle
While Under the Influence (46.61.504(6))
B
17 Other
18 B Animal Cruelty 1 (16.52.205) C
19 B Bomb Threat (9.61.160) C
20 C Escape 11 (9A.76.110) C
21 C Escape 21 (9A.76.120) C
22 D Escape 3 (9A.76.130) E
23
24
E Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
25
26
A Other Offense Equivalent to an Adult
Class A Felony
B+
27
28
B Other Offense Equivalent to an Adult
Class B Felony
C
29
30
C Other Offense Equivalent to an Adult
Class C Felony
D
31
32
D Other Offense Equivalent to an Adult
Gross Misdemeanor
E
33
34
E Other Offense Equivalent to an Adult
Misdemeanor
E
35
36
37
V Violation of Order of Restitution,
Community Supervision, or Confinement
(13.40.200)2
V
p. 10 SB 5277
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 1
and the standard range is established as follows: 2
1st escape or attempted escape during 12-month period - ((28 3
days)) 4 weeks confinement 4
2nd escape or attempted escape during 12-month period - 8 weeks 5
confinement 6
3rd and subsequent escape or attempted escape during 12-month 7
period - 12 weeks confinement 8
2If the court finds that a respondent has violated terms of an order, 9
it may impose a penalty of up to 30 days of confinement.10
JUVENILE SENTENCING STANDARDS11
This schedule must be used for juvenile offenders. The court may 12
select sentencing option A, B, C, or D. 13
14
15
16
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
17 ((A++ 129 to 260 weeks for all category A++ offenses))
18 A+ 180 weeks to age 21 for all category A+ offenses
19 A 103-129 weeks for all category A offenses
20 A- ((30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
21
22
23
24
B++)) 15-36 weeks
Except 30-40
weeks for 15 to 17
year olds
52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
25 CURRENT B+ 15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks
26 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks
27 CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeks
28 C LS LS LS LS 15-36 weeks
29 D+ LS LS LS LS LS
30 D LS LS LS LS LS
31 E LS LS LS LS LS
32 PRIOR 0 1 2 3 4 or more
33 ADJUDICATIONS
p. 11 SB 5277
NOTE: References in the grid to days or weeks mean periods of 1
confinement. "LS" means "local sanctions" as defined in RCW 2
13.40.020. 3
(1) The vertical axis of the grid is the current offense 4
category. The current offense category is determined by the offense 5
of adjudication. 6
(2) The horizontal axis of the grid is the number of prior 7
adjudications included in the juvenile's criminal history. Each prior 8
felony adjudication shall count as one point. Each prior violation, 9
misdemeanor, and gross misdemeanor adjudication shall count as 1/4 10
point. Fractional points shall be rounded down. 11
(3) The standard range disposition for each offense is determined 12
by the intersection of the column defined by the prior adjudications 13
and the row defined by the current offense category.14
(4) RCW 13.40.180 applies if the offender is being sentenced for 15
more than one offense. 16
(5) A current offense that is a violation is equivalent to an 17
offense category of E. However, a disposition for a violation shall 18
not include confinement. 19
OR20
OPTION B21
SUSPENDED DISPOSITION ALTERNATIVE22
(1) If the offender is subject to a standard range disposition 23
involving confinement by the department, the court may impose the 24
standard range and suspend the disposition on condition that the 25
offender comply with one or more local sanctions and any educational 26
or treatment requirement. The treatment programs provided to the 27
offender must be either research-based best practice programs as 28
identified by the Washington state institute for public policy or the 29
joint legislative audit and review committee, or for chemical 30
dependency treatment programs or services, they must be evidence-31
based or research-based best practice programs. For the purposes of 32
this subsection: 33
(a) "Evidence-based" means a program or practice that has had 34
multiple site random controlled trials across heterogeneous 35
populations demonstrating that the program or practice is effective 36
for the population; and 37
p. 12 SB 5277
(b) "Research-based" means a program or practice that has some 1
research demonstrating effectiveness, but that does not yet meet the 2
standard of evidence-based practices. 3
(2) If the offender fails to comply with the suspended 4
disposition, the court may impose sanctions pursuant to RCW 13.40.200 5
or may revoke the suspended disposition and order the disposition's 6
execution. 7
(3) An offender is ineligible for the suspended disposition 8
option under this section if the offender is: 9
(a) ((Is adjudicated)) Adjudicated of an A+ ((or A++)) offense;10
(b) ((Is fourteen )) 14 years of age or older and is adjudicated 11
of one or more of the following offenses: 12
(i) A class A offense, or an attempt, conspiracy, or solicitation 13
to commit a class A offense; 14
(ii) Manslaughter in the first degree (RCW 9A.32.060); or15
(iii) Assault in the second degree (RCW 9A.36.021), extortion in 16
the first degree (RCW 9A.56.120), kidnapping in the second degree 17
(RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), 18
residential burglary (RCW 9A.52.025), burglary in the second degree 19
(RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular 20
homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), 21
intimidating a witness (RCW 9A.72.110), violation of the uniform 22
controlled substances act (RCW 69.50.401(2) (a) and (b)), or 23
manslaughter 2 (RCW 9A.32.070) when the offense includes infliction 24
of bodily harm upon another or when, during the commission or 25
immediate withdrawal from the offense, the respondent was armed with 26
a deadly weapon; ((or27
(iv) Violation of the uniform controlled substances act (RCW 28
69.50.401(2) (a) and (b)), when the offense includes infliction of 29
bodily harm upon another or when during the commission or immediate 30
withdrawal from the offense the respondent was armed with a deadly 31
weapon;))32
(c) ((Is ordered )) Ordered to serve a disposition for a firearm 33
violation under RCW 13.40.193; or34
(d) ((Is adjudicated)) Adjudicated of a sex offense as defined in 35
RCW 9.94A.030((; or36
(e) Has a prior option B disposition)). 37
OR38
OPTION C39
p. 13 SB 5277
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE1
If the juvenile offender is subject to a standard range 2
disposition of local sanctions or 15 to 36 weeks of confinement and 3
has not committed ((a B++)) an A- or B+ offense, the court may impose 4
a disposition under RCW 13.40.160(4) and 13.40.165.5
OR6
OPTION D7
MANIFEST INJUSTICE8
If the court determines that a disposition under option A, B, or C 9
would effectuate a manifest injustice, the court shall impose a 10
disposition outside the standard range under RCW 13.40.160(2).11
Sec. 3. RCW 13.40.110 and 2024 c 117 s 2 are each amended to 12
read as follows: 13
(1) Discretionary decline hearing - The prosecutor, respondent, 14
or the court on its own motion may, before a hearing on the 15
information on its merits, file a motion requesting the court to 16
transfer the respondent for adult criminal prosecution and the matter 17
shall be set for a hearing on the question of declining jurisdiction 18
((only if:19
(a) The respondent was, at the time of the alleged offense, at 20
least 15 years of age or older and is charged with a serious violent 21
offense as defined in RCW 9.94A.030;22
(b) The respondent was, at the time of the alleged offense, 14 23
years of age or younger and is charged with murder in the first 24
degree (RCW 9A.32.030), and/or murder in the second degree (RCW 25
9A.32.050); or26
(c) The respondent is any age and is charged with custodial 27
assault, RCW 9A.36.100, and, at the time the respondent is charged, 28
is already serving a minimum juvenile sentence to age 21)).29
(2) Mandatory decline hearing - Unless waived by the court, the 30
parties, and their counsel, a decline hearing shall be held when 31
((the)):32
(a) The respondent is 16 or 17 years of age and the information 33
alleges a class A felony or an attempt, solicitation, or conspiracy 34
to commit a class A felony;35
(b) The respondent is 17 years of age and the information alleges 36
assault in the second degree, extortion in the first degree, indecent 37
p. 14 SB 5277
liberties, child molestation in the second degree, kidnapping in the 1
second degree, or robbery in the second degree; or 2
(c) The information alleges an escape by the respondent and the 3
respondent is serving a minimum juvenile sentence to age 21.4
(3) The court after a decline hearing may order the case 5
transferred for adult criminal prosecution upon a finding that the 6
declination would be in the best interest of the juvenile or the 7
public. The court shall consider the relevant reports, facts, 8
opinions, and arguments presented by the parties and their counsel.9
(4) When the respondent is transferred for criminal prosecution 10
or retained for prosecution in juvenile court, the court shall set 11
forth in writing its finding which shall be supported by relevant 12
facts and opinions produced at the hearing. 13
Sec. 4. RCW 13.40.193 and 2023 c 295 s 10 are each amended to 14
read as follows: 15
(1) If a respondent is found to have been in possession of a 16
firearm in violation of RCW 9.41.040(2)(a)(v), the court shall impose 17
a minimum disposition of ten days of confinement. If the offender's 18
standard range of disposition for the offense as indicated in RCW 19
13.40.0357 is more than thirty days of confinement, the court shall 20
commit the offender to the department for the standard range 21
disposition. The offender shall not be released until the offender 22
has served a minimum of ten days in confinement. 23
(2)(a) If a respondent is found to have been in possession of a 24
firearm in violation of RCW 9.41.040, the disposition must include a 25
requirement that the respondent participate in a qualifying program 26
as described in (b) of this subsection, when available, unless the 27
court makes a written finding based on the outcome of the juvenile 28
court risk assessment that participation in a qualifying program 29
would not be appropriate. 30
(b) For purposes of this section, "qualifying program" means an 31
aggression replacement training program, a functional family therapy 32
program, or another program applicable to the juvenile firearm 33
offender population that has been identified as evidence-based or 34
research-based and cost-beneficial in the current list prepared at 35
the direction of the legislature by the Washington state institute 36
for public policy. 37
(3) If the court finds that the respondent or an accomplice was 38
armed with a firearm, the court shall determine the standard range 39
p. 15 SB 5277
disposition for the offense pursuant to RCW 13.40.160. If the 1
offender or an accomplice was armed with a firearm when the offender 2
committed any felony other than possession of a machine gun or bump-3
fire stock, possession of a stolen firearm, drive-by shooting, theft 4
of a firearm, unlawful possession of a firearm in the first and 5
second degree, or use of a machine gun or bump-fire stock in a 6
felony, the following periods of total confinement must be added to 7
the sentence: (((a) Except for (b) of this subsection, for )) For a 8
class A felony, six months; for a class B felony, four months; and 9
for a class C felony, two months ((; (b) for any violent offense as 10
defined in RCW 9.94A.030, committed by a respondent who is sixteen or 11
seventeen years old at the time of the offense, a period of twelve 12
months)). The additional time shall be imposed regardless of the 13
offense's juvenile disposition offense category as designated in RCW 14
13.40.0357. 15
(4)(((a) If the court finds that the respondent who is sixteen or 16
seventeen years old and committed the offense of robbery in the first 17
degree, drive-by shooting, rape of a child in the first degree, 18
burglary in the first degree, or any violent offense as defined in 19
RCW 9.94A.030 and was armed with a firearm, and the court finds that 20
the respondent's participation was related to membership in a 21
criminal street gang or advancing the benefit, aggrandizement, gain, 22
profit, or other advantage for a criminal street gang, a period of 23
three months total confinement must be added to the sentence. The 24
additional time must be imposed regardless of the offense's juvenile 25
disposition offense category as designated in RCW 13.40.0357 and must 26
be served consecutively with any other sentencing enhancement.27
(b) For the purposes of this section, "criminal street gang" 28
means any ongoing organization, association, or group of three or 29
more persons, whether formal or informal, having a common name or 30
common identifying sign or symbol, having as one of its primary 31
activities the commission of criminal acts, and whose members or 32
associates individually or collectively engage in or have engaged in 33
a pattern of criminal street gang activity. This definition does not 34
apply to employees engaged in concerted activities for their mutual 35
aid and protection, or to the activities of labor and bona fide 36
nonprofit organizations or their members or agents.37
(5))) When a disposition under this section would effectuate a 38
manifest injustice, the court may impose another disposition. When a 39
judge finds a manifest injustice and imposes a disposition of 40
p. 16 SB 5277
confinement exceeding thirty days, the court shall commit the 1
juvenile to a maximum term, and the provisions of RCW 13.40.030(2) 2
shall be used to determine the range. When a judge finds a manifest 3
injustice and imposes a disposition of confinement less than thirty 4
days, the disposition shall be comprised of confinement or community 5
supervision or both. 6
(((6))) (5) Any term of confinement ordered pursuant to this 7
section shall run consecutively to any term of confinement imposed in 8
the same disposition for other offenses. 9
Sec. 5. RCW 13.40.300 and 2024 c 117 s 1 are each amended to 10
read as follows: 11
(1) ((Except as provided in (a) through (c) of this subsection,)) 12
In no case may a juvenile offender ((may not )) be committed by the 13
juvenile court to the department for placement in a juvenile 14
rehabilitation facility beyond the juvenile offender's 21st birthday.15
(((a) A juvenile offender adjudicated of an A++ juvenile 16
disposition category offense listed in RCW 13.40.0357, or found to be 17
armed with a firearm and sentenced to an additional 12 months 18
pursuant to RCW 13.40.193(3)(b), may be committed by the juvenile 19
court to the department for placement in a juvenile rehabilitation 20
facility up to the juvenile offender's 25th birthday, but not beyond.21
(b) A juvenile offender adjudicated of a murder in the first or 22
second degree offense committed at age 14 or older or a juvenile 23
offender adjudicated of a rape in the first degree offense committed 24
at age 15 or older may be committed by the juvenile court to the 25
department for placement in a juvenile rehabilitation facility up to 26
the juvenile offender's 23rd birthday, but not beyond.27
(c) A juvenile offender who is 18 or older at the time of the 28
adjudication may be committed by the juvenile court to the department 29
for placement in a juvenile rehabilitation facility up to the 30
juvenile offender's 23rd birthday, but not beyond, in order to serve 31
a standard range disposition.))32
(2)(a) The juvenile court has jurisdiction over, and may place an 33
individual under the authority of the department in the following 34
circumstances: 35
(i) Except as provided under RCW 13.04.030 and 13.40.110, when 36
the individual is under the age of 21 at the time of the filing of 37
the information and is accused of committing a criminal offense that 38
occurred when the individual was under the age of 18; or39
p. 17 SB 5277
(ii) If proceedings are pending in a case in which jurisdiction 1
is vested in the adult criminal court pursuant to RCW 13.04.030 and 2
an automatic extension is required because either: 3
(A) The individual is found not guilty of the charge for which he 4
or she was transferred, or is convicted in the adult criminal court 5
of an offense that is not also an offense listed in RCW 6
13.04.030(1)(e)(v), and the matter is transferred to juvenile court 7
pursuant to RCW 13.04.030(1)(e)(v)(((C))) (E)(II); or8
(B) The parties agree to juvenile court jurisdiction with the 9
court's approval pursuant to RCW 13.04.030(1)(e)(v)(((C))) (E)(III).10
(b) Upon a finding of guilt in juvenile court, the juvenile court 11
maintains jurisdiction to allow for imposition, execution, and 12
enforcement of the court's order of disposition, subject to the 13
limitations in this section. 14
(((3) If an order of disposition imposes a commitment to the 15
department for a juvenile offender:16
(a) Adjudicated of an A++ juvenile disposition category offense 17
listed in RCW 13.40.0357, adjudicated of a murder in the first or 18
second degree offense committed at age 14 or older, or found to be 19
armed with a firearm and sentenced to an additional 12 months 20
pursuant to RCW 13.40.193(3)(b), then jurisdiction for parole is 21
automatically extended to include a period of up to 24 months of 22
parole, in no case extending beyond the offender's 25th birthday; or23
(b) Adjudicated of a rape in the first degree offense committed 24
at age 15 or older, then jurisdiction for parole is automatically 25
extended to include a period of no less than 24 months and no more 26
than 36 months of parole, in no case extending beyond the offender's 27
25th birthday.28
(4) Pursuant to the terms of RCW 13.40.190, the juvenile court 29
maintains jurisdiction beyond the juvenile offender's 21st birthday 30
for the purpose of enforcing an order of restitution or penalty 31
assessment)) (c) If an order of disposition imposes commitment to the 32
department, then jurisdiction is automatically extended to include a 33
period of up to 12 months of parole, in no case extending beyond the 34
offender's 21st birthday.35
(3) If the juvenile court previously has extended jurisdiction 36
beyond the juvenile offender's 18th birthday and that period of 37
extension has not expired, the court may further extend jurisdiction 38
by written order setting forth its reasons. 39
p. 18 SB 5277
(((5) Except as otherwise provided herein, in )) (4) In no event 1
may the juvenile court have authority to extend jurisdiction over any 2
juvenile offender beyond the juvenile offender's 21st birthday except 3
for the purpose of enforcing an order of restitution or penalty 4
assessment. 5
(((6))) (5) Notwithstanding any extension of jurisdiction over a 6
person pursuant to this section, the juvenile court has no 7
jurisdiction over any offenses alleged to have been committed by a 8
person 18 years of age or older. 9
Sec. 6. RCW 72.01.410 and 2019 c 322 s 2 are each amended to 10
read as follows: 11
(1) Whenever any person is convicted as an adult in the courts of 12
this state of a felony offense committed under the age of 13
((eighteen)) 18, and is committed for a term of confinement, that 14
person shall be initially placed in a facility operated by the 15
department of ((children, youth, and families. The department of 16
corrections shall )) corrections to determine the person's earned 17
release date. 18
(a) If the earned release date is prior to the person's 21st 19
birthday, the department of corrections shall transfer the person to 20
the custody of the department of children, youth, and families, or to 21
such other institution as is now or may hereafter be authorized by 22
law to receive such person, until such time as the person completes 23
the ordered term of confinement or arrives at the age of 21 years.24
(i) While in the custody of the department of children, youth, 25
and families, the person must have the same treatment, housing 26
options, transfer, and access to program resources as any other 27
person committed to that juvenile correctional facility or 28
institution pursuant to chapter 13.40 RCW. ((Except as provided under 29
(d) of this subsection, treatment )) Treatment, placement, and program 30
decisions shall be at the sole discretion of the department of 31
children, youth, and families. The person shall ((not)) only be 32
transferred to the custody of the department of corrections 33
((without)) with the approval of the department of children, youth, 34
and families ((until the )) or when the person reaches the age of 35
((twenty-five)) 21. 36
(((b))) (ii) If the person's sentence includes a term of 37
community custody, the department of children, youth, and families 38
shall not release the person to community custody until the 39
p. 19 SB 5277
department of corrections has approved the person's release plan 1
pursuant to RCW 9.94A.729(5)(b). If a person is held past ((his or 2
her)) their earned release date pending release plan approval, the 3
department of children, youth, and families shall retain custody 4
until a plan is approved or the person completes the ordered term of 5
confinement prior to age ((twenty-five)) 21. 6
(((c))) (iii) If the department of children, youth, and families 7
determines that retaining custody of the person in a facility of the 8
department of children, youth, and families presents a 9
((significant)) safety risk, the department of children, youth, and 10
families may transfer and return the person to the custody of the 11
department of corrections. 12
(((d) The)) (b) If the person's earned release date is on or 13
after the person's 21st birthday, the department of corrections 14
shall, with the consent of the secretary of the department of 15
children, youth, and families, transfer the person to a facility or 16
institution operated by the department of children, youth, and 17
families. Despite the transfer, the department of corrections ((must 18
retain)) retains authority over custody decisions ((relating to a 19
person whose earned release date is on or after the person's twenty-20
fifth birthday and who is placed in a facility operated by the 21
department of children, youth, and families under this section, 22
unless the person qualifies for partial confinement under RCW 23
72.01.412,)) and must approve any leave from the facility. When the 24
person turns age ((twenty-five)) 21, ((he or she)) the person must be 25
transferred back to the department of corrections ((, except as 26
described under RCW 72.01.412)). The department of children, youth, 27
and families has all routine and day-to-day operations authority for 28
the person while the person is in its custody. 29
(2)(a) Except as provided in (b) and (c) of this subsection, a 30
person under the age of ((eighteen who is transferred to the custody 31
of)) 18 convicted in adult criminal court and who is committed to a 32
term of confinement at the department of corrections must be placed 33
in a housing unit, or a portion of a housing unit, that is separated 34
from ((other persons in custody )) offenders who are ((eighteen)) 18 35
years of age or older, until the person reaches the age of 36
((eighteen)) 18. 37
(b) ((A person)) An offender who ((is transferred to the custody 38
of the department of corrections and )) reaches ((eighteen)) 18 years 39
of age may remain in a housing unit for ((persons)) offenders under 40
p. 20 SB 5277
the age of ((eighteen)) 18 if the secretary of corrections determines 1
that: (i) The ((person's)) offender's needs and the 2
((rehabilitation)) correctional goals for the ((person)) offender 3
could continue to be better met by the programs and housing 4
environment that is separate from ((other persons in custody )) 5
offenders who are ((eighteen)) 18 years of age and older; and (ii) 6
the programs or housing environment for ((persons)) offenders under 7
the age of ((eighteen)) 18 will not be substantially affected by the 8
continued placement of the ((person)) offender in that environment. 9
The ((person)) offender may remain placed in a housing unit for 10
((persons)) offenders under the age of ((eighteen)) 18 until such 11
time as the secretary of corrections determines that the ((person's)) 12
offender's needs and correctional goals are no longer better met in 13
that environment but in no case past the ((person's twenty-fifth )) 14
offender's 21st birthday. 15
(c) ((A person transferred to the custody of the department of 16
corrections)) An offender who is under the age of ((eighteen)) 18 may 17
be housed in an intensive management unit or administrative 18
segregation unit containing offenders ((eighteen)) 18 years of age or 19
older if it is necessary for the safety or security of the offender 20
or staff. In these cases, the offender must be kept physically 21
separate from other offenders at all times. 22
(((3) The department of children, youth, and families must review 23
the placement of a person over age twenty-one in the custody of the 24
department of children, youth, and families under this section to 25
determine whether the person should be transferred to the custody of 26
the department of corrections. The department of children, youth, and 27
families may determine the frequency of the review required under 28
this subsection, but the review must occur at least once before the 29
person reaches age twenty-three if the person's commitment period in 30
a juvenile institution extends beyond the person's twenty-third 31
birthday.))32
Sec. 7. RCW 13.40.020 and 2024 c 117 s 4 are each amended to 33
read as follows: 34
For the purposes of this chapter: 35
(1) "Assessment" means an individualized examination of a child 36
to determine the child's psychosocial needs and problems, including 37
the type and extent of any mental health, substance abuse, or co-38
occurring mental health and substance abuse disorders, and 39
p. 21 SB 5277
recommendations for treatment. "Assessment" includes, but is not 1
limited to, drug and alcohol evaluations, psychological and 2
psychiatric evaluations, records review, clinical interview, and 3
administration of a formal test or instrument; 4
(2) "Community-based rehabilitation" means one or more of the 5
following: Employment; attendance of information classes; literacy 6
classes; counseling, outpatient substance abuse treatment programs, 7
outpatient mental health programs, anger management classes, 8
education or outpatient treatment programs to prevent animal cruelty, 9
or other services including, when appropriate, restorative justice 10
programs; or attendance at school or other educational programs 11
appropriate for the juvenile as determined by the school district. 12
Placement in community-based rehabilitation programs is subject to 13
available funds; 14
(3) "Community-based sanctions" may include community restitution 15
not to exceed 150 hours of community restitution; 16
(4) "Community restitution" means compulsory service, without 17
compensation, performed for the benefit of the community by the 18
offender as punishment for committing an offense. Community 19
restitution may be performed through public or private organizations 20
or through work crews; 21
(5) "Community supervision" means an order of disposition by the 22
court of an adjudicated youth not committed to the department or an 23
order granting a deferred disposition. A community supervision order 24
for a single offense may be for a period of up to two years for a sex 25
offense as defined by RCW 9.94A.030 and up to one year for other 26
offenses. As a mandatory condition of any term of community 27
supervision, the court shall order the juvenile to refrain from 28
committing new offenses. As a mandatory condition of community 29
supervision, the court shall order the juvenile to comply with the 30
mandatory school attendance provisions of chapter 28A.225 RCW and to 31
inform the school of the existence of this requirement. Community 32
supervision is an individualized program comprised of one or more of 33
the following: 34
(a) Community-based sanctions; 35
(b) Community-based rehabilitation; 36
(c) Monitoring and reporting requirements; 37
(d) Posting of a probation bond; 38
(e) Residential treatment, where substance abuse, mental health, 39
and/or co-occurring disorders have been identified in an assessment 40
p. 22 SB 5277
by a qualified mental health professional, psychologist, 1
psychiatrist, co-occurring disorder specialist, or substance use 2
disorder professional and a funded bed is available. If a child 3
agrees to voluntary placement in a state-funded long-term evaluation 4
and treatment facility, the case must follow the existing placement 5
procedure including consideration of less restrictive treatment 6
options and medical necessity. 7
(i) A court may order residential treatment after consideration 8
and findings regarding whether: 9
(A) The referral is necessary to rehabilitate the child;10
(B) The referral is necessary to protect the public or the child;11
(C) The referral is in the child's best interest;12
(D) The child has been given the opportunity to engage in less 13
restrictive treatment and has been unable or unwilling to comply; and14
(E) Inpatient treatment is the least restrictive action 15
consistent with the child's needs and circumstances.16
(ii) In any case where a court orders a child to inpatient 17
treatment under this section, the court must hold a review hearing no 18
later than 60 days after the youth begins inpatient treatment, and 19
every 30 days thereafter, as long as the youth is in inpatient 20
treatment; 21
(6) (("Community transition services" means a therapeutic and 22
supportive community-based custody option in which:23
(a) A person serves a portion of their term of confinement 24
residing in the community, outside of department institutions and 25
community facilities;26
(b) The department supervises the person in part through the use 27
of technology that is capable of determining or identifying the 28
monitored person's presence or absence at a particular location;29
(c) The department provides access to developmentally 30
appropriate, trauma-informed, racial equity-based, and culturally 31
relevant programs to promote successful reentry; and32
(d) The department prioritizes the delivery of available 33
programming from individuals who share characteristics with the 34
individual being served related to: Race, ethnicity, sexual identity, 35
and gender identity;36
(7))) "Confinement" means physical custody by the department of 37
children, youth, and families in a facility operated by or pursuant 38
to a contract with the state, or physical custody in a detention 39
facility operated by or pursuant to a contract with any county. The 40
p. 23 SB 5277
county may operate or contract with vendors to operate county 1
detention facilities. The department may operate or contract to 2
operate detention facilities for juveniles committed to the 3
department. Pretrial confinement or confinement of less than 31 days 4
imposed as part of a disposition or modification order may be served 5
consecutively or intermittently, in the discretion of the court;6
(((8))) (7) "Court," when used without further qualification, 7
means the juvenile court judge(s) or commissioner(s);8
(((9))) (8) "Criminal history" includes all criminal complaints 9
against the respondent for which, prior to the commission of a 10
current offense: 11
(a) The allegations were found correct by a court. If a 12
respondent is convicted of two or more charges arising out of the 13
same course of conduct, only the highest charge from among these 14
shall count as an offense for the purposes of this chapter; or15
(b) The criminal complaint was diverted by a prosecutor pursuant 16
to the provisions of this chapter on agreement of the respondent and 17
after an advisement to the respondent that the criminal complaint 18
would be considered as part of the respondent's criminal history. A 19
successfully completed deferred adjudication that was entered before 20
July 1, 1998, or a deferred disposition shall not be considered part 21
of the respondent's criminal history; 22
(((10))) (9) "Custodial interrogation" means express questioning 23
or other actions or words by a law enforcement officer which are 24
reasonably likely to elicit an incriminating response from an 25
individual and occurs when reasonable individuals in the same 26
circumstances would consider themselves in custody;27
(((11))) (10) "Department" means the department of children, 28
youth, and families; 29
(((12))) (11) "Detention facility" means a county facility, paid 30
for by the county, for the physical confinement of a juvenile alleged 31
to have committed an offense or an adjudicated offender subject to a 32
disposition or modification order. "Detention facility" includes 33
county group homes, inpatient substance abuse programs, juvenile 34
basic training camps, and electronic monitoring; 35
(((13))) (12) "Diversion unit" means any probation counselor who 36
enters into a diversion agreement with an alleged youthful offender, 37
or any other person, community accountability board, youth court 38
under the supervision of the juvenile court, or other entity with 39
whom the juvenile court administrator has contracted to arrange and 40
p. 24 SB 5277
supervise such agreements pursuant to RCW 13.40.080, or any person, 1
community accountability board, or other entity specially funded by 2
the legislature to arrange and supervise diversion agreements in 3
accordance with the requirements of this chapter. For purposes of 4
this subsection, "community accountability board" means a board 5
comprised of members of the local community in which the juvenile 6
offender resides. The superior court shall appoint the members. The 7
boards shall consist of at least three and not more than seven 8
members. If possible, the board should include a variety of 9
representatives from the community, such as a law enforcement 10
officer, teacher or school administrator, high school student, 11
parent, and business owner, and should represent the cultural 12
diversity of the local community; 13
(((14))) (13) "Foster care" means temporary physical care in a 14
foster family home or group care facility as defined in RCW 74.15.020 15
and licensed by the department, or other legally authorized care;16
(((15))) (14) "Institution" means a juvenile facility established 17
pursuant to chapters 72.05 and 72.16 through 72.20 RCW;18
(((16))) (15) "Intensive supervision program" means a parole 19
program that requires intensive supervision and monitoring, offers an 20
array of individualized treatment and transitional services, and 21
emphasizes community involvement and support in order to reduce the 22
likelihood a juvenile offender will commit further offenses;23
(((17))) (16) "Juvenile," "youth," and "child" mean any 24
individual who is under the chronological age of 18 years and who has 25
not been previously transferred to adult court pursuant to RCW 26
13.40.110, unless the individual was convicted of a lesser charge or 27
acquitted of the charge for which he or she was previously 28
transferred pursuant to RCW 13.40.110 or who is not otherwise under 29
adult court jurisdiction; 30
(((18))) (17) "Juvenile offender" means any juvenile who has been 31
found by the juvenile court to have committed an offense, including a 32
person 18 years of age or older over whom the juvenile court has 33
jurisdiction under RCW 13.40.300; 34
(((19))) (18) "Labor" means the period of time before a birth 35
during which contractions are of sufficient frequency, intensity, and 36
duration to bring about effacement and progressive dilation of the 37
cervix; 38
p. 25 SB 5277
(((20))) (19) "Local sanctions" means one or more of the 1
following: (a) 0-30 days of confinement; (b) 0-12 months of community 2
supervision; or (c) 0-150 hours of community restitution;3
(((21))) (20) "Manifest injustice" means a disposition that would 4
either impose an excessive penalty on the juvenile or would impose a 5
serious, and clear danger to society in light of the purposes of this 6
chapter; 7
(((22))) (21) "Monitoring and reporting requirements" means one 8
or more of the following: Curfews; requirements to remain at home, 9
school, work, or court-ordered treatment programs during specified 10
hours; restrictions from leaving or entering specified geographical 11
areas; requirements to report to the probation officer as directed 12
and to remain under the probation officer's supervision; and other 13
conditions or limitations as the court may require which may not 14
include confinement; 15
(((23))) (22) "Offense" means an act designated a violation or a 16
crime if committed by an adult under the law of this state, under any 17
ordinance of any city or county of this state, under any federal law, 18
or under the law of another state if the act occurred in that state;19
(((24))) (23) "Physical restraint" means the use of any bodily 20
force or physical intervention to control a juvenile offender or 21
limit a juvenile offender's freedom of movement in a way that does 22
not involve a mechanical restraint. Physical restraint does not 23
include momentary periods of minimal physical restriction by direct 24
person-to-person contact, without the aid of mechanical restraint, 25
accomplished with limited force and designed to: 26
(a) Prevent a juvenile offender from completing an act that would 27
result in potential bodily harm to self or others or damage property;28
(b) Remove a disruptive juvenile offender who is unwilling to 29
leave the area voluntarily; or 30
(c) Guide a juvenile offender from one location to another;31
(((25))) (24) "Postpartum recovery" means (a) the entire period a 32
woman or youth is in the hospital, birthing center, or clinic after 33
giving birth and (b) an additional time period, if any, a treating 34
physician determines is necessary for healing after the youth leaves 35
the hospital, birthing center, or clinic; 36
(((26))) (25) "Probation bond" means a bond, posted with 37
sufficient security by a surety justified and approved by the court, 38
to secure the offender's appearance at required court proceedings and 39
compliance with court-ordered community supervision or conditions of 40
p. 26 SB 5277
release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means 1
a deposit of cash or posting of other collateral in lieu of a bond if 2
approved by the court; 3
(((27))) (26) "Respondent" means a juvenile who is alleged or 4
proven to have committed an offense; 5
(((28))) (27) "Restitution" means financial reimbursement by the 6
offender to the victim, and shall be limited to easily ascertainable 7
damages for injury to or loss of property, actual expenses incurred 8
for medical treatment for physical injury to persons, lost wages 9
resulting from physical injury, and costs of the victim's counseling 10
reasonably related to the offense. Restitution shall not include 11
reimbursement for damages for mental anguish, pain and suffering, or 12
other intangible losses. Nothing in this chapter shall limit or 13
replace civil remedies or defenses available to the victim or 14
offender; 15
(((29))) (28) "Restorative justice" means practices, policies, 16
and programs informed by and sensitive to the needs of crime victims 17
that are designed to encourage offenders to accept responsibility for 18
repairing the harm caused by their offense by providing safe and 19
supportive opportunities for voluntary participation and 20
communication between the victim, the offender, their families, and 21
relevant community members; 22
(((30))) (29) "Restraints" means anything used to control the 23
movement of a person's body or limbs and includes:24
(a) Physical restraint; or 25
(b) Mechanical device including but not limited to: Metal 26
handcuffs, plastic ties, ankle restraints, leather cuffs, other 27
hospital-type restraints, tasers, or batons; 28
(((31) "Risk assessment tool" means the statistically valid tool 29
used by the department to inform release or placement decisions 30
related to security level, release within the sentencing range, 31
community facility eligibility, community transition services 32
eligibility, and parole. The "risk assessment tool" is used by the 33
department to predict the likelihood of successful reentry and future 34
criminal behavior;35
(32))) (30) "Screening" means a process that is designed to 36
identify a child who is at risk of having mental health, substance 37
abuse, or co-occurring mental health and substance abuse disorders 38
that warrant immediate attention, intervention, or more comprehensive 39
p. 27 SB 5277
assessment. A screening may be undertaken with or without the 1
administration of a formal instrument; 2
(((33))) (31) "Secretary" means the secretary of the department;3
(((34))) (32) "Services" means services which provide 4
alternatives to incarceration for those juveniles who have pleaded or 5
been adjudicated guilty of an offense or have signed a diversion 6
agreement pursuant to this chapter; 7
(((35))) (33) "Sex offense" means an offense defined as a sex 8
offense in RCW 9.94A.030; 9
(((36))) (34) "Sexual motivation" means that one of the purposes 10
for which the respondent committed the offense was for the purpose of 11
the respondent's sexual gratification; 12
(((37))) (35) "Surety" means an entity licensed under state 13
insurance laws or by the state department of licensing, to write 14
corporate, property, or probation bonds within the state, and 15
justified and approved by the superior court of the county having 16
jurisdiction of the case; 17
(((38))) (36) "Transportation" means the conveying, by any means, 18
of an incarcerated pregnant youth from the institution or detention 19
facility to another location from the moment she leaves the 20
institution or detention facility to the time of arrival at the other 21
location, and includes the escorting of the pregnant incarcerated 22
youth from the institution or detention facility to a transport 23
vehicle and from the vehicle to the other location;24
(((39))) (37) "Violation" means an act or omission, which if 25
committed by an adult, must be proven beyond a reasonable doubt, and 26
is punishable by sanctions which do not include incarceration;27
(((40))) (38) "Violent offense" means a violent offense as 28
defined in RCW 9.94A.030; 29
(((41))) (39) "Youth court" means a diversion unit under the 30
supervision of the juvenile court. 31
Sec. 8. RCW 13.40.205 and 2021 c 206 s 4 are each amended to 32
read as follows: 33
(1) A juvenile sentenced to a term of confinement to be served 34
under the supervision of the department shall not be released from 35
the physical custody of the department prior to the release date 36
established under RCW 13.40.210 except as otherwise provided in this 37
section. 38
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(2) A juvenile serving a term of confinement under the 1
supervision of the department may be released on authorized leave 2
from the physical custody of the department only if consistent with 3
public safety and if: 4
(a) Sixty percent of the minimum term of confinement has been 5
served; and 6
(b) The purpose of the leave is to enable the juvenile:7
(i) To visit the juvenile's family for the purpose of 8
strengthening or preserving family relationships; 9
(ii) To make plans for parole or release which require the 10
juvenile's personal appearance in the community and which will 11
facilitate the juvenile's reintegration into the community; or12
(iii) To make plans for a residential placement out of the 13
juvenile's home which requires the juvenile's personal appearance in 14
the community. 15
(3) No authorized leave may exceed seven consecutive days. The 16
total of all preminimum term authorized leaves granted to a juvenile 17
prior to final discharge from confinement shall not exceed thirty 18
days. 19
(4) Prior to authorizing a leave, the secretary shall require a 20
written leave plan, which shall detail the purpose of the leave and 21
how it is to be achieved, the address at which the juvenile shall 22
reside, the identity of the person responsible for supervising the 23
juvenile during the leave, and a statement by such person 24
acknowledging familiarity with the leave plan and agreeing to 25
supervise the juvenile and to notify the secretary immediately if the 26
juvenile violates any terms or conditions of the leave. The leave 27
plan shall include such terms and conditions as the secretary deems 28
appropriate and shall be signed by the juvenile. 29
(5) Upon authorizing a leave, the secretary shall issue to the 30
juvenile an authorized leave order which shall contain the name of 31
the juvenile, the fact that the juvenile is on leave from a 32
designated facility, the time period of the leave, and the identity 33
of an appropriate official of the department to contact when 34
necessary. The authorized leave order shall be carried by the 35
juvenile at all times while on leave. 36
(6) Prior to the commencement of any authorized leave, the 37
secretary shall give notice of the leave to the appropriate law 38
enforcement agency in the jurisdiction in which the juvenile will 39
reside during the leave period. The notice shall include the identity 40
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of the juvenile, the time period of the leave, the residence of the 1
juvenile during the leave, and the identity of the person responsible 2
for supervising the juvenile during the leave. 3
(7) The secretary may authorize a leave, which shall not exceed 4
forty-eight hours plus travel time, to meet an emergency situation 5
such as a death or critical illness of a member of the juvenile's 6
family. The secretary may authorize a leave, which shall not exceed 7
the period of time medically necessary, to obtain medical care not 8
available in a juvenile facility maintained by the department. In 9
cases of emergency or medical leave the secretary may waive all or 10
any portions of subsections (2)(a), (3), (4), (5), and (6) of this 11
section. 12
(8) If requested by the juvenile's victim or the victim's 13
immediate family, the secretary shall give notice of any leave ((or 14
community transition services under subsection (13) of this section)) 15
to the victim or the victim's immediate family. 16
(9) A juvenile who violates any condition of an authorized leave 17
plan ((or community transition services under subsection (13) of this 18
section)) may be taken into custody and returned to the department in 19
the same manner as an adult in identical circumstances.20
(10) ((Community transition services is an electronic monitoring 21
program as that term is used in RCW 9A.76.130.22
(11))) Notwithstanding the provisions of this section, a juvenile 23
placed in minimum security status ((or in community transition 24
services under subsection (13) of this section )) may participate in 25
work, educational, community restitution, or treatment programs in 26
the community up to ((twelve)) 12 hours a day if approved by the 27
secretary. Such a release shall not be deemed a leave of absence. 28
This authorization may be increased to more than ((twelve)) 12 hours 29
a day up to ((sixteen)) 16 hours a day if approved by the secretary 30
and operated within the department's appropriations.31
(((12))) (11) Subsections (6), (7), and (8) of this section do 32
not apply to juveniles covered by RCW 13.40.215. 33
(((13)(a) The department may require a person in its custody to 34
serve the remainder of the person's sentence in community transition 35
services if the department determines that such placement is in the 36
best interest of the person and the community using the risk 37
assessment tool and considering the availability of appropriate 38
placements, treatment, and programming. The department's 39
determination described under this subsection must include 40
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consideration of the person's behavior while in confinement and any 1
disciplinary considerations. The department shall establish 2
appropriate conditions the person must comply with to remain in 3
community transition services. A person must have served 60 percent 4
of their minimum term of confinement and no less than 15 weeks of 5
total confinement including time spent in detention prior to 6
sentencing or the entry of a dispositional order before becoming 7
eligible for community transition services under the authority and 8
supervision of the department. 9
(b) A person placed in community transition services under this 10
section must have access to appropriate treatment and programming as 11
determined by the department, including but not limited to:12
(i) Behavioral health treatment;13
(ii) Independent living;14
(iii) Employment;15
(iv) Education;16
(v) Connections to family and natural supports; and17
(vi) Community connections.18
(c) Community transition services under this section is in lieu 19
of confinement in an institution or community facility operated by 20
the department, and will not fulfill any period of parole required 21
under RCW 13.40.210.22
(d) If a person placed in community transition services under 23
this section violates a condition of participation in the community 24
transition services program, or if the department determines that 25
placement in the program is no longer in the best interests of the 26
person or community, the person may be returned to an institution 27
operated by the department at the department's discretion.28
(e) The following persons are not eligible for community 29
transition services under this section:30
(i) Persons with pending charges or warrants;31
(ii) Persons who will be transferred to the department of 32
corrections, who are in the custody of the department of corrections, 33
or who are under the supervision of the department of corrections;34
(iii) Persons who were adjudicated or convicted of the crime of 35
murder in the first or second degree;36
(iv) Persons who meet the definition of a "persistent offender" 37
as defined under RCW 9.94A.030;38
(v) Level III sex offenders; and39
(vi) Persons requiring out-of-state placement.40
p. 31 SB 5277
(14) The department shall design, or contract for the design, and 1
implement a risk assessment tool. The tool must be designed to limit 2
bias related to race, ethnicity, gender, and age. The risk assessment 3
tool must be certified at least every three years based on current 4
academic standards for assessment validation, and can be certified by 5
the office of innovation, alignment, and accountability or an outside 6
researcher.))7
Sec. 9. RCW 13.40.215 and 2021 c 206 s 5 are each amended to 8
read as follows: 9
(1)(a) Except as provided in subsection (2) of this section, at 10
the earliest practicable date, and in no event later than ((thirty)) 11
30 days before discharge, parole, or any other authorized leave or 12
release, or before transfer to a community residential facility ((or 13
community transition services program )), the secretary shall send 14
written notice of the discharge, parole, authorized leave or release, 15
or transfer of a juvenile found to have committed a violent offense, 16
a sex offense, or stalking, to the following: 17
(i) The chief of police of the city, if any, in which the 18
juvenile will reside; and 19
(ii) The sheriff of the county in which the juvenile will reside.20
(b)(i) Except as provided in subsection (2) of this section, at 21
the earliest practicable date, and in no event later than ((thirty)) 22
30 days before discharge, parole, or any other authorized leave or 23
release, or before transfer to a community residential facility ((or 24
community transition services program )), the secretary shall send 25
written notice of the discharge, parole, authorized leave or release, 26
or transfer of an individual who is found to have committed a violent 27
offense or a sex offense, is ((twenty-one)) 21 years of age or 28
younger, and has not received a high school diploma or its 29
equivalent, to the designated recipient of the school where the 30
juvenile either: (A) Was enrolled prior to incarceration or 31
detention; or (B) has expressed an intention to enroll following his 32
or her release. This notice must also include the restrictions 33
described in subsection (5) of this section. 34
(ii) The community residential facility shall provide written 35
notice of the offender's criminal history to the designated recipient 36
of any school that the offender attends while residing at the 37
community residential facility and to any employer that employs the 38
offender while residing at the community residential facility.39
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(iii) As used in this subsection, "designated recipient" means: 1
(A) The superintendent of the school district, or his or her 2
designee, of a common school as defined in RCW 28A.150.020 or a 3
school that is the subject of a state-tribal education compact under 4
chapter 28A.715 RCW; (B) the administrator of a charter public school 5
governed by chapter 28A.710 RCW; or (C) the administrator of a 6
private school approved under chapter 28A.195 RCW. 7
(c) The same notice as required by (a) of this subsection shall 8
be sent to the following, if such notice has been requested in 9
writing about a specific juvenile: 10
(i) The victim of the offense for which the juvenile was found to 11
have committed or the victim's next of kin if the crime was a 12
homicide; 13
(ii) Any witnesses who testified against the juvenile in any 14
court proceedings involving the offense; and 15
(iii) Any person specified in writing by the prosecuting 16
attorney. 17
Information regarding victims, next of kin, or witnesses requesting 18
the notice, information regarding any other person specified in 19
writing by the prosecuting attorney to receive the notice, and the 20
notice are confidential and shall not be available to the juvenile. 21
The notice to the chief of police or the sheriff shall include the 22
identity of the juvenile, the residence where the juvenile will 23
reside, the identity of the person, if any, responsible for 24
supervising the juvenile, and the time period of any authorized 25
leave. 26
(d) The ((thirty)) 30-day notice requirements contained in this 27
subsection shall not apply to emergency medical furloughs.28
(e) The existence of the notice requirements in this subsection 29
will not require any extension of the release date in the event the 30
release plan changes after notification. 31
(2)(a) If a juvenile found to have committed a violent offense, a 32
sex offense, or stalking escapes from a facility of the department, 33
the secretary shall immediately notify, by the most reasonable and 34
expedient means available, the chief of police of the city and the 35
sheriff of the county in which the juvenile resided immediately 36
before the juvenile's arrest. If previously requested, the secretary 37
shall also notify the witnesses and the victim of the offense which 38
the juvenile was found to have committed or the victim's next of kin 39
if the crime was a homicide. If the juvenile is recaptured, the 40
p. 33 SB 5277
secretary shall send notice to the persons designated in this 1
subsection as soon as possible but in no event later than two working 2
days after the department learns of such recapture.3
(b) The secretary may authorize a leave, for a juvenile found to 4
have committed a violent offense, a sex offense, or stalking, which 5
shall not exceed ((forty-eight)) 48 hours plus travel time, to meet 6
an emergency situation such as a death or critical illness of a 7
member of the juvenile's family. The secretary may authorize a leave, 8
which shall not exceed the time medically necessary, to obtain 9
medical care not available in a juvenile facility maintained by the 10
department. Prior to the commencement of an emergency or medical 11
leave, the secretary shall give notice of the leave to the 12
appropriate law enforcement agency in the jurisdiction in which the 13
juvenile will be during the leave period. The notice shall include 14
the identity of the juvenile, the time period of the leave, the 15
residence of the juvenile during the leave, and the identity of the 16
person responsible for supervising the juvenile during the leave. If 17
previously requested, the department shall also notify the witnesses 18
and victim of the offense which the juvenile was found to have 19
committed or the victim's next of kin if the offense was a homicide.20
In case of an emergency or medical leave the secretary may waive 21
all or any portion of the requirements for leaves pursuant to RCW 22
13.40.205 (2)(a), (3), (4), and (5). 23
(3) If the victim, the victim's next of kin, or any witness is 24
under the age of sixteen, the notice required by this section shall 25
be sent to the parents or legal guardian of the child.26
(4) The secretary shall send the notices required by this chapter 27
to the last address provided to the department by the requesting 28
party. The requesting party shall furnish the department with a 29
current address. 30
(5) Upon discharge, parole, transfer to a community residential 31
facility, or other authorized leave or release, a convicted juvenile 32
sex offender shall not attend a public or approved private 33
elementary, middle, or high school that is attended by a victim or a 34
sibling of a victim of the sex offender. The parents or legal 35
guardians of the convicted juvenile sex offender shall be responsible 36
for transportation or other costs associated with or required by the 37
sex offender's change in school that otherwise would be paid by a 38
school district. 39
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(6) For purposes of this section the following terms have the 1
following meanings: 2
(a) "Violent offense" means a violent offense under RCW 3
9.94A.030; 4
(b) "Sex offense" means a sex offense under RCW 9.94A.030;5
(c) "Stalking" means the crime of stalking as defined in RCW 6
9A.46.110; 7
(d) "Next of kin" means a person's spouse, parents, siblings, and 8
children. 9
Sec. 10. RCW 13.22.010 and 2020 c 333 s 2 are each amended to 10
read as follows: 11
The definitions in this section apply throughout this chapter 12
unless the context clearly requires otherwise. 13
(1) "Department" means the department of children, youth, and 14
families. 15
(2) "Detention facility" means: 16
(a) Any detention facility as defined under RCW 13.40.020; and17
(b) Any juvenile correctional facility under alternative 18
administration operated by a consortium of counties under RCW 19
13.04.035. 20
(3) "Imminent harm" means immediate and impending threat of a 21
person causing bodily injury to self or others. 22
(4) "Institution" has the same meaning as in RCW 13.40.020.23
(5) "Isolation" means confinement that occurs (a) when a youth is 24
separated from the youth population and placed in a room for longer 25
than ((fifteen)) 15 minutes for the purpose of discipline, behavior 26
modification, or due to an imminent threat to the safety of the youth 27
or others; and (b) in a room other than the room assigned to the 28
youth for sleeping. Juveniles are in isolation from the moment they 29
are separated from others until they have rejoined the population. 30
Juveniles who are pregnant shall not be put into isolation. 31
Maintaining appropriate gender separation does not constitute 32
isolation. 33
(6) "Juvenile" means: 34
(a) Any individual who is under the chronological age of 35
((eighteen)) 18 years; and 36
(b) Any individual under the chronological age of ((twenty-five)) 37
21 years who is confined in an institution, including an individual 38
confined in an institution under RCW 72.01.410. 39
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(7) "Juvenile court administrator" means an administrator 1
appointed pursuant to RCW 13.04.035. 2
(8) "Room confinement" means a juvenile is separated from the 3
youth population and placed in a room or cell that the juvenile is 4
assigned to for sleeping, other than during normal sleeping hours or 5
interim rest hours. "Room confinement" does not include time a youth 6
requests to spend in his or her room or rest periods in between 7
facility programming. Juveniles are in room confinement from the 8
moment they are separated from others until they are permitted to 9
rejoin the population. 10
(9) "Solitary confinement" means a youth is involuntarily 11
separated from the youth population and placed in a room or cell 12
other than the room assigned to the youth for sleeping for longer 13
than ((fifteen)) 15 minutes for punitive purposes. Different 14
terminology does not exempt practice from being "solitary 15
confinement." 16
NEW SECTION. Sec. 11. The following acts or parts of acts are 17
each repealed:18
(1) RCW 13.40.301 (Department to protect younger children in 19
confinement from older youth confined pursuant to 2018 c 162) and 20
2018 c 162 s 8; 21
(2) RCW 13.04.800 (Report to legislature —2021 c 206 ss 2 and 3; 22
2019 c 322 ss 2-6; 2018 c 162) and 2021 c 206 s 9, 2019 c 322 s 5, & 23
2018 c 162 s 9; 24
(3) RCW 72.01.412 (Eligibility for community transition services) 25
and 2023 c 470 s 3018, 2021 c 206 s 2, & 2019 c 322 s 6;26
(4) RCW 43.216.180 (Education of students in the custody of 27
juvenile rehabilitation facilities —Duties—Creation of a 28
comprehensive plan) and 2019 c 322 s 7; 29
(5) 2019 c 322 s 1 (uncodified); 30
(6) 2021 c 206 s 1 (uncodified); 31
(7) 2021 c 206 s 8 (uncodified); and 32
(8) 2021 c 206 s 10 (uncodified). 33
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