RCW 13.40.110
Hearing on question of declining jurisdiction—Held, when—Findings.
(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 is, at the time of proceedings, at least fifteen years of age or older and is charged with a serious violent offense as defined in RCW 9.94A.030;
(b) The respondent is, at the time of proceedings, fourteen 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 twenty-one.
(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 twenty-one.
(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.
[ 2019 c 322 § 10; 2018 c 162 § 4; 2009 c 454 § 3; 1997 c 338 § 20; 1990 c 3 § 303; 1988 c 145 § 18; 1979 c 155 § 63; 1977 ex.s. c 291 § 65.]
NOTES:
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
Report to legislature—2019 c 322 §§ 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.
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.