Delinquency Services Summary
Decentralized State: Delinquency services are organized at both the state and local level in Washington. Local courts administer probation and detention services, except in Clallam, Skagit and Whatcom counties, where, as allowed by statute, the courts have transferred this responsibility to the county legislative authority and in King County, where detention is administered by the County Executive. The Department of Social and Health Services, Juvenile Rehabilitation Administration, administers commitment programs and aftercare (i.e., parole).

Court(s) with Delinquency Jurisdiction
Superior Courts exercise jurisdiction over delinquency proceedings. Superior Courts are general jurisdiction trial courts. For more information, visit the Washington Courts web site.

Highlights

Washington Awarded Grant to Reform its Juvenile Justice System
The MacArthur Foundation selected Washington State to receive a Models for Change grant to be used for juvenile justice system reform. The Center for Children & Youth Justice is the lead entity to assist the foundation in identifying critical juvenile justice reform needs and issues. The "targeted areas of improvement" are: mental health, disproportionate minority contact, and alternatives to formal processing. Five counties, along with statewide organizations and efforts, have been selected to implement reform efforts. For more information, see http://ccyj.org/programs/macArthur.html.

Mandatory Minimum Sentences for Juveniles Tried as Adults Eliminated
Due to research showing differences in brain development between juveniles and adults, the Washington State Legislature passed HB 1187, which states that adult mandatory minimum sentences do not apply when a juvenile court judge waives the case to adult court. In these cases, if the juvenile is tried and convicted in adult court, the judge may either sentence a juvenile to any sentence within the standard range for the offense or impose an exceptional sentence downward. In addition, the juvenile would be eligible for earned early release. The law does not apply to automatic transfers to adult court.

Juvenile Offender Sentencing Grid
The Juvenile Offender Sentencing Grid is one of several sentencing options that juvenile court judges must use when deciding on a disposition for juvenile offenders. This determinate grid specifies sanctions based on the seriousness of the offense and the juvenile’s criminal history. The grid, along with the other sentencing options, is in RCW 13.40.0357 (juvenile offender sentencing standards).

Detention
There are 22 detention facilities in Washington. The local Superior Court administers secure juvenile detention in most counties. In Clallam, King, Skagit, and Whatcom counties and one regional center maintained by a consortium of counties, the county legislative authority/county executive administers secure juvenile detention. The Youth Services Division of the King County Department of Adult and Juvenile Detention is responsible for secure juvenile detention in King County. Several of the juvenile detention programs have incorporated the use of alternatives to detention that may include day and evening reporting, electronic home monitoring, group care, and work crew programs.

Youth may be held after arrest for allegedly committing an offense or on a warrant, while awaiting adjudication, as a disposition, or as a sanction for probation or parole violations. By statute, a juvenile can be detained if: he/she is unlikely to appear for further proceedings; detention is required to protect the juvenile, the community, and/or witnesses; the juvenile commits another crime while another case is pending; the juvenile is a fugitive; the juvenile's parole has been suspended; or the juvenile is a material witness.

The court must make every reasonable effort to conduct a detention hearing by the end of the next judicial day after a juvenile is detained [Juvenile Court Rule - JuCR 7.3(c)]. Also pursuant to Juvenile Court Rule (7.3), a juvenile must have a probable cause determination within 48 hours, an information (petition) must be filed within 72 hours (excluding weekends and holidays) after admission to detention, and a hearing to determine if continued detention is necessary must be held within 72 hours of the information being filed (excluding weekends and holidays).

Washington statute mandates that counties develop and implement detention intake standards to determine whether detention is warranted as well as the type of detention in which a juvenile should be placed. Detention screening criteria and practices vary from county to county and are guided by local priorities or policies. There is no statewide risk assessment used at detention screening, but some counties do use their own screening instruments. King County (Seattle), for example, currently uses two detention intake screening tools: the Juvenile Detention Intake Criteria, based primarily on current offense and criminal history, determines eligibility for detention, and the Detention Risk Assessment Instrument, a risk-based tool administered during the intake process, generates a placement recommendation to the court.

In addition, for those juveniles screened into detention, a Detention Risk Assessment Instrument (D-RAI) is administered. The D-RAI results are provided to the court at the first appearance (probable cause/detention) hearing to recommend a detention placement option (release, alternative-to-secure-detention eligible, or secure detention).

In 2000, King County adopted the Juvenile Justice Operational Master Plan, a plan to reform its detention system instead of building a new detention center. It includes reforms such as using a risk assessment instrument to identify appropriate juveniles to detain, expands the use of detention alternatives, and limits juveniles' lengths of stay in detention by using sentencing guidelines and accelerating the transfer of adjudicated juveniles into placements.

Washington State is a replication site for The Anne E. Casey Foundation funded Juvenile Detention Alternatives Initiative (JDAI). The State is in its fourth year of funding. Five counties, comprising more than half of the state's juvenile population, are sites (King, Pierce, Spokane, Whatcom, and Benton-Franklin).

Delinquency Intake Screening
Generally, the prosecuting attorney's office receives and reviews all juvenile delinquency referrals made by law enforcement. The prosecutor decides with what the juvenile will be charged (Washington statute section 13.40.077 contains recommended prosecuting standards for charging and plea dispositions). The prosecutor also decides whether the case will be handled formally or informally. If handled formally, the prosecutor files an 'information' (petition); if handled informally, the case goes to diversion.

Diversion
Statute RCW 13.40.080 regulates diversion. First-time offenders referred for misdemeanor offenses are eligible for diversion. Most diversion programs are operated within probation departments’ diversion units. After a prosecutor refers a case to the juvenile court's diversion unit, the general procedure involves a diversion intake interview with the juvenile and his or her parents, during which the juvenile decides whether to go through diversion or go to court. Diversion units are usually made up of professional and citizen volunteers. The citizen volunteers act as Community Accountability Board members to determine the terms and conditions of the diversion agreement.

The Community Accountability Board is made up of volunteers from the community who hear juvenile cases and create a diversion agreement for the juvenile to complete. The diversion agreement uses many restorative justice options and may include community service, restitution, counseling/education programs, mediation, or victim/offender reconciliation programs. The diversion agreement may not extend beyond a six-month time period. In some counties, there are alternatives to the accountability boards, such as educational programs on alcohol use/abuse/dependency for juveniles referred for possession of alcohol and seminars for juveniles referred for shoplifting.

Predisposition Investigation
Not every juvenile court in Washington orders predisposition reports. Where they are completed, juvenile probation officers from the juvenile probation department are responsible for the investigation and report. In order to leverage state funding for Community Juvenile Accountability Act programs (see the Probation Supervision section for information on CJAA), all counties in Washington are required to use the same risk assessment tool, the Washington State Juvenile Court Risk Assessment. In addition, by statute, a determinate sentencing grid directs judges in ordering juvenile offenders' dispositions. The grid determines sanctions based on the seriousness of the offense and the juvenile's criminal history. Age is not a factor incorporated into the disposition grid.

Victim Rights and Services
The rights of victims in Washington (which now apply to any criminal court and/or juvenile court proceeding) reside in RCW Chapter 7.69 and include the right to be informed of the final disposition of the case; to be provided, whenever practical, a secure waiting area during court proceedings; to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions; and to submit a pre-disposition victim impact statement or report to the court and to present a statement personally or by representation at the disposition hearing for felony convictions. Section RCW 13.40.215 defines notification requirements for victims of juvenile violent crimes or sex offenses. The victims’ “Bill of Rights” is found in the Washington State Constitution, Section 35. Legislation amending Washington’s Juvenile Justice Act and RCW 7.69 (Crime Victims, Survivors and Witnesses) to reflect the needs and rights of victims of juvenile offenders was signed by the Governor in March 2004 and became effective July 1, 2004.

The Office of Crime Victims Advocacy provides statewide victim services, including advocating for victims; administering grant funds for victim-related community programs; and advising state and local government agencies of victim-related practices, policies, and priorities. Their Guide to Victims Services includes links to local, state, and national victim services, organizations, and coalitions. The Washington State Department of Labor and Industries administers the crime victim compensation fund.

The Department of Social and Health Services (DSHS) contracts with local and non-profit agencies to provide direct services to victims of crime. Each contracted agency provides a specific service to crime victims. The Victim/Witness Notification Program, administered by DSHS, notifies victims when offenders are released or transferred or escape from any DSHS facility. DSHS facilities include state psychiatric hospitals, Juvenile Rehabilitation Administration facilities, or the Special Commitment Center for sexual predators.

Probation Supervision
Local courts administer juvenile probation in 36 of Washington's 39 counties. In the remaining counties (Whatcom, Clallam, and Skagit), by agreement with the court, the county legislative authority administers probation. A state agency, the Department of Social and Health Services' Juvenile Rehabilitation Administration (JRA), provides funding to local probation departments for expenses related to certain programs and services.

Juvenile probation officers usually work out of a central office; however, some of the bigger counties may have satellite offices. In King County (Seattle), for example, juvenile offenders assessed as being moderate and high risk to reoffend are assigned to juvenile probation officers' caseloads at four geographically located offices. For the most part, juvenile probation officers' caseloads consist only of juvenile offenders. Probation caseloads vary from county to county and can range from around 25 to over 100 cases per officer.

Specialized probation services include programs for sex offenders and substance-abusing juveniles. First-time sex offenders whose standard range disposition provides for commitment to JRA and who are judged to be amenable to treatment may be disposed under the Special Sexual Offender Disposition Alternative (SSODA). SSODA juveniles must register as sex offenders and submit to DNA identification and HIV testing (as is the case with any adjudicated sex offender, SSODA or otherwise) and must be placed under community supervision for at least 24 months. The disposition also includes sex offender counseling provided by state-certified sexual offender treatment providers, and, depending on the county, may also include electronic monitoring.

Juveniles who are drug or alcohol dependent may be disposed to the Chemical Dependency Disposition Alternative (CDDA), which entails an extended period of community supervision and community-based treatment.

Juveniles subject to a standard range JRA commitment of 15 to 65 weeks, who are assessed as having an Axis I psychiatric disorder and as being amenable to treatment, may be disposed under the Mental Health Disposition Alternative (MHDA). The court may place the juvenile on community supervision for up to one year and order the juvenile to participate in recommended treatment interventions.

Juveniles not eligible for SSODA, CDDA, or MHDA may be eligible for the Suspended Disposition Alternative (SDA). SDA eligibility is predicated on the charged offense.

SSODA, CDDA, MHDA, and SDA involve the court's imposition and then suspension of the "standard range" sanction as provided under the presumptive disposition range. The suspended sentence may be reimposed if the youth fails to comply with the conditions of the court order.

Treatment Options
The Community Juvenile Accountability Act (CJAA) provides funding for statewide research-based interventions proven to reduce recidivism among juvenile offenders. Such interventions include Multisystemic Therapy (MST), Functional Family Therapy (FFT) (see Highlights) and Aggression Replacement Training (ART). Juveniles who have been assessed as moderate to high risk to reoffend are eligible for these programs.

The Case Management Assessment Process (CMAP) determines levels of probation supervision in most counties. CMAP consists of a validated risk assessment instrument (the Washington State Juvenile Court Risk Assessment, which includes the Washington State Juvenile Court Pre-Screen Risk Assessment as a subset). Depending on the county, department policy may mandate the use of CMAP instruments. Counties that use CMAP instruments are eligible to receive state funding for implementation. Currently, each county takes its own approach to developing case plans. For example, probation officers in King County develop case plans based on the dynamic risk factors identified in the risk assessment. They focus on at least two of the dynamic risk factors and develop a case plan around these.

The Washington State Institute for Public Policy conducts research on many juvenile justice issues in the state, including evaluations of the Community Juvenile Accountability Act, intensive parole, aggression replacement training, and the Washington State Juvenile Court Risk Assessment.

There are no statewide standards that govern probation practice in Washington; however, guidance is provided through the Revised Code of Washington, the Washington Administrative Code, and interagency agreements (agreements between juvenile courts). King County has adopted probation supervision contact standards, an intervention and sanctions framework for moderate to high-risk offenders on field supervision, and standards for reporting violations to the court and for filing modifications.

Juvenile Probation Officer Qualifications, Certification, and Training
While each jurisdiction has its own hiring criteria, the standard qualification for juvenile probation officers is a bachelor's degree in a behavioral sciences field. Juvenile probation officers are not professionally certified in Washington. Training requirements include an 80-hour basic academy within the first 6 months of employment (by statute). The Washington State Criminal Justice Training Commission (CJTC) is mandated to provide the initial training for juvenile probation officers. Currently, juvenile court administrators provide an additional 40 hours of training for the Juvenile Risk Assessment instrument (described in Probation Supervision). Each jurisdiction has different training requirements beyond the initial training academy. CJTC offers various professional development classes on a statewide basis and also coordinates a majority of the statewide in-service training opportunities. The state funds CJTC, while the courts fund the additional week of initial training provided by juvenile court administrators.

Juvenile Corrections Continuum
The Juvenile Rehabilitation Administration (JRA), part of the Department of Social and Health Services, administers the state's juvenile corrections continuum. JRA administers a range of secure confinement and treatment services, including four secure juvenile facilities and a juvenile basic training camp. All institutions for committed youth have locking units, and two facilities (Maple Lane School and Green Hill Training School) are completely secured by fencing.

JRA's Division of Community Programs is responsible for group homes, parole services, community-based placement contracts, and diagnostic services. All JRA facilities, both secure and non-secure, provide youth with cognitive behavioral treatment services as well as treatment programs to address specific service needs, including sex offender treatment, chemical dependency treatment, and a range of mental health treatment services.

Commitment to State
Commitments are presumptive, determinate, and set by statewide sentencing guidelines. A judge may find a manifest injustice and increase or decrease the disposition given certain factors. The seriousness of the offense and the juvenile's criminal history help determine the sanction received. The juvenile court sets a minimum and maximum amount of time that the juvenile will serve.

When a juvenile is committed to the Juvenile Rehabilitation Administration (JRA), legal custody transfers to JRA. JRA determines all of the placement specifics. Placement options include three campus-like institutions, a forestry camp, and a basic training camp. The Initial Security Classification Assessment (ISCA) is a validated, standardized risk assessment instrument used to determine a juvenile's initial security level and the residential placement he or she will receive. In addition to the ISCA, age, offense, treatment needs, and population level at the institutions help to determine placement. Juveniles are assigned a JRA parole counselor who works on transition plans for their eventual return to the community.

Blended Sentencing
Washington does not have blended sentencing provisions.

Direct Placement
Juvenile court judges cannot order juveniles into placement without committing them to the Juvenile Rehabilitation Administration.

Release
The Washington Administrative Code, Revised Code of Washington, and Juvenile Rehabilitation Administration (JRA) administrative guidelines address the release decision. The Assistant Secretary of JRA sets the release date using a prescribed range of commitment time from the sentencing guidelines. A community risk assessment is used if a juvenile is to be released before his or her maximum disposition expires. Every juvenile must be released by his or her maximum disposition. The court plays no role in the release decision.

Aftercare/Re-entry
Juvenile parole counselors from the Juvenile Rehabilitation Administration's (JRA) community staff administer aftercare (parole) services. There are four types of parole in Washington: Intensive, Enhanced, Thirty-Day Transition Parole, and Sex Offender Parole. Juveniles who have the highest risk of re-offending receive a mandatory six months of supervision. Enhanced Parole is for medium to high-risk youth who are not eligible for intensive parole. They receive 20 weeks of supervision. Thirty-Day Transition Parole is for the lowest risk youth who are eligible for parole supervision. They receive a brief 30-day period of parole focused on establishing initial community service linkages. Juveniles who committed specific sex offenses receive a mandatory 24 to 36 months of Sex Offender Parole. All youth on parole are served through JRA’s aftercare treatment model, Functional Family Parole. Functional Family Parole focuses on serving the youth and his or her family through engagement and motivation strategies as well as linking youth to services that match to the entire family. This aftercare model is based on Functional Family Therapy principles and requires parole counselors to see the entire family as their clients.

JRA operates a mentoring program that matches adult mentors with committed youth who are preparing for release. The mentors start meeting with the youth while they are still in the correctional institutions and meet with them once a week after their release. The mentors help youth to set and fulfill their educational, vocational, and other life goals. The goal of the program is to help youth transition back to the community through the help of an adult role model.

State Laws

Legal Resources
Washington's juvenile code is found in Sections 13.04 to 13.80 of Title 13 of the Revised Code of Washington (Juvenile Courts and Juvenile Offenders)

Washington State Bar Association

Purpose Clauses
To read Washington's purpose clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20; may be extended for the purpose of enforcing a restitution order or a penalty assessment.

Juvenile Transfer Laws
For information on Washington's juvenile transfer laws, click here.

Juvenile Justice Leadership

Governor's Juvenile Justice Advisory Committee
The Governor's Juvenile Justice Advisory Committee (GJJAC) is the State Advisory Group charged with implementing the federal Juvenile Justice and Delinquency Prevention Act and administering federal and state funding. GJJAC is made up of juvenile justice professionals and private citizens who are appointed by the Governor.

Washington Association of Juvenile Court Administrators
The Washington Association of Juvenile Court Administrators is a membership association of juvenile court administrators from almost every county in Washington. The organization advocates for juvenile justice system issues and legislation that affects juvenile services in the state. WAJCA and the Washington State Institute for Public Policy jointly developed the Case Management Assessment Process, which consists of the Washington State Juvenile Court Pre-Screen Risk Assessment and Washington State Juvenile Court Risk Assessment.

Resources/Contacts
Governor's Juvenile Justice Advisory Committee
Juvenile Rehabilitation Administration
Office of Crime Victims Advocacy
Sentencing Guidelines Commission
Washington Association of Juvenile Court Administrators
Washington Courts
Washington State Bar Association
Washington State Criminal Justice Training Commission
Washington State Institute for Public Policy
Washington State Statistical Analysis Center
Washington Association of Juvenile Court Administrators
Washington Association of Probation/Detention Managers
Washington Association of Probation Officers
Washington Association of Diversion Units

Mary Williams
Juvenile Justice Specialist
Department of Social and Health Services
P.O. Box 45828
Olympia, WA 98504-5828
Phone: (360) 725-3601
Fax: (360) 407-0152

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Washington." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.