RCW 13.40.040
Taking juvenile into custody, grounds—Detention of, grounds—Detention pending disposition—Release on bond, conditions—Bail jumping.
(1) A juvenile may be taken into custody:
(a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or
(b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or
(c) Pursuant to a court order that the juvenile be held as a material witness; or
(d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.
(2) A juvenile may not be held in detention unless there is probable cause to believe that:
(a) The juvenile has committed an offense or has violated the terms of a disposition order; and
(i) The juvenile will likely fail to appear for further proceedings; or
(ii) Detention is required to protect the juvenile from himself or herself; or
(iii) The juvenile is a threat to community safety; or
(iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or
(v) The juvenile has committed a crime while another case was pending; or
(b) The juvenile is a fugitive from justice; or
(c) The juvenile's parole has been suspended or modified; or
(d) The juvenile is a material witness.
(3) Notwithstanding subsection (2) of this section, and within available funds, a juvenile who has been found guilty of one of the following offenses shall be detained pending disposition: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a child in the first degree (RCW 9A.44.073).
(4) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.
(5) Except as provided in RCW 9.41.280, a juvenile detained under this section may be released upon posting a probation bond set by the court. The juvenile's parent or guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release. The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond. If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance. A juvenile may be released only to a responsible adult or the department of children, youth, and families. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.
[ 2017 3rd sp.s. c 6 § 606; 2002 c 171 § 2; 1999 c 167 § 2; 1997 c 338 § 13; 1995 c 395 § 4; 1979 c 155 § 57; 1977 ex.s. c 291 § 58.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 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.
Effective date—2002 c 171: See note following RCW 72.01.410.
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.
Structure Revised Code of Washington
Title 13 - Juvenile Courts and Juvenile Offenders
Chapter 13.40 - Juvenile Justice Act of 1977.
13.40.010 - Short title—Intent—Purpose.
13.40.020 - Definitions (as amended by 2021 c 206).
13.40.030 - Security guidelines—Legislative review—Limitations on permissible ranges of confinement.
13.40.0351 - Equal application of guidelines and standards.
13.40.0357 - Juvenile offender sentencing standards.
13.40.038 - County juvenile detention facilities—Policy—Detention and risk assessment standards.
13.40.042 - Detention of juvenile suffering from mental disorder or substance use disorder.
13.40.045 - Escapees—Arrest warrants.
13.40.054 - Probation bond or collateral—Modification or revocation of probation bond.
13.40.056 - Nonrefundable bail fee.
13.40.060 - Jurisdiction of actions—Transfer of case and records, when—Change in venue, grounds.
13.40.077 - Recommended prosecuting standards for charging and plea dispositions.
13.40.085 - Diversion services costs—Fees—Payment by parent or legal guardian.
13.40.090 - Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.
13.40.110 - Hearing on question of declining jurisdiction—Held, when—Findings.
13.40.120 - Hearings—Time and place.
13.40.127 - Deferred disposition.
13.40.135 - Sexual motivation special allegation—Procedures.
13.40.162 - Special sex offender disposition alternative.
13.40.165 - Substance use disorder or mental health disposition alternative.
13.40.190 - Disposition order—Restitution for loss or damage—Modification of restitution order.
13.40.193 - Firearms—Length of confinement.
13.40.196 - Firearms—Special allegation.
13.40.198 - Penalty assessments—Jurisdiction of court.
13.40.205 - Release from physical custody, when—Authorized leaves—Leave plan and order—Notice.
13.40.212 - Intensive supervision program—Elements.
13.40.217 - Juveniles adjudicated of sex offenses—Release of information authorized.
13.40.230 - Appeal from order of disposition—Jurisdiction—Procedure—Scope—Release pending appeal.
13.40.240 - Construction of RCW references to juvenile delinquents or juvenile delinquency.
13.40.250 - Traffic infraction, transit infraction, and civil infraction cases—Diversion agreements.
13.40.265 - Firearm, alcohol, and drug violations.
13.40.310 - Transitional treatment program for gang and drug-involved juvenile offenders.
13.40.320 - Juvenile offender basic training camp program.
13.40.400 - Applicability of RCW 10.01.040 to chapter.
13.40.430 - Disparity in disposition of juvenile offenders—Data collection.
13.40.460 - Juvenile rehabilitation programs—Administration.
13.40.462 - Reinvesting in youth program.
13.40.464 - Reinvesting in youth program—Guidelines.
13.40.466 - Reinvesting in youth account.
13.40.468 - Juvenile rehabilitation administration—State quality assurance program.
13.40.480 - Student records and information—Reasons for release—Who may request.
13.40.500 - Community juvenile accountability programs—Findings—Purpose.
13.40.510 - Community juvenile accountability programs—Establishment—Proposals—Guidelines.
13.40.520 - Community juvenile accountability programs—Grants.
13.40.530 - Community juvenile accountability programs—Effectiveness standards.
13.40.540 - Community juvenile accountability programs—Information collection—Report.
13.40.550 - Community juvenile accountability programs—Short title.
13.40.560 - Juvenile accountability incentive account.
13.40.570 - Sexual misconduct by state employees, contractors.
13.40.580 - Youth courts—Diversion.
13.40.590 - Youth court programs.
13.40.600 - Youth court jurisdiction.
13.40.610 - Youth court notification of satisfaction of conditions.
13.40.620 - Appearance before youth court with parent, guardian, or legal custodian.
13.40.630 - Youth court dispositions.
13.40.640 - Youth court nonrefundable fee.
13.40.650 - Use of restraints on pregnant youth in custody—Allowed in extraordinary circumstances.
13.40.660 - Exchange of intimate images by minors—Findings—Work group.
13.40.720 - Imposition of legal financial obligations—City, town, or county authority.
13.40.730 - Community transition services program.
13.40.735 - Planned release—Notice to health care insurance provider.
13.40.740 - Juvenile access to an attorney.
13.40.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.