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King County Juvenile Detention Intake Criteria


I. Juveniles under the age of 8 years cannot be found guilty of offenses under RCW 9A.04.050 and will not be detained.

 

II. Alleged New Offense:


Juveniles presented on the following charges will be detained for judicial review:

  1. Offenses listed in Addendum 1.
  2. Any offense involving possession of a Firearm.
  3. Any assault on a school staff person, administrator, or teacher.

III. Juvenile Domestic Violence:

  1. Any person under the age of eighteen (18) years presented for assaulting a family or household member as defined in RCW 10.99.020 (see Addendum 2) shall be detained for judicial review or screened into the Family Intervention and Restorative Services (FIRS) Center.
  2. Youth age twelve (12) years or older who are presented on a domestic violence charge as defined in RCW 10.99.020 (see Addendum 2) shall be detained for judicial review or screened for placement into the FIRS Center.

IV. Warrants:

All Juveniles with an active warrant may be presented to Juvenile Detention Intake for Screening.

  1. Juveniles presented on the following active warrants will be detained for judicial review:
    1. Any warrant issued for an Addendum 1 offense or any Tier-1 warrant.
    2. Violation of Conditions of Release, Material Witness, or Probable Cause Warrants.
    3. Tier 1 warrants issued for At-Risk Youth, Child in Need of Services (CHINS), Truancy, or Dependency cases.
    4. Out of Jurisdiction, Parole, Federal Detainer or Municipal/District Court warrant.
  2. To determine if any other King County Superior Court warrant will be detained for judicial review, the criteria referenced in General Order 07-2-12050-5 SEA (Tier 2 Warrants)  will be applied.

V. History:


Juveniles presented on any of the following qualifying offenses who meet the below history criteria will be detained for judicial review. Qualifying offenses are: Assault in the Fourth Degree (RCW 9A.36.041); Driving While Under the Influence (RCW 46.61.502 and 46.61.506); Harassment (RCW 9A.46.020 (1)); Indecent Exposure (RCW 9A.88.010); Possession of a Dangerous Weapon (RCW 9.41.250(1)(a)); Reckless Burning (RCW 9A.48.040 and 9A.48.050); and Vehicle Prowl (RCW 9A.52.095 and 9A.52.100).

 

  1. Pending Matter:
    1. Committed a new qualifying offense with a pending felony matter. Pending is defined as filed on but not adjudicated, including matters opted into Juvenile Drug Court.
  2.  Criminal History:
    1. Committed a new qualifying offense with a prior adjudication (finding of guilt, including entry of a deferred disposition) for any felony within the previous three (3) months based on date of plea or finding of guilt.

VI. Other Criteria:

Juveniles who meet the following criteria will be detained for judicial review or transport:

  1. Administrative Holds.

    1. Juveniles presented for court from the Juvenile Rehabilitation Administration (JRA), in transit, parole hold/revocation.
    2. Court holds from other jurisdictions.

     

  2. When the identification of a juvenile is uncertain.
    1. The juvenile’s identity is not verifiable by a parent or guardian and the juvenile refuses to give necessary current information regarding name and age.

 

VII. Detain Override:


Under the following circumstances a youth who does not meet any criteria in Sections I through VI may be detained for judicial review:

  1. The juvenile is likely to interfere with administration of justice.

    1. The juvenile has demonstrated a serious intent to intimidate witnesses or others involved with pending matter.
    2. There is reason to believe that the juvenile is likely to destroy evidence and the opportunity exists to do so.

                                                           

  2. Danger to Self
    1. When there is reason to believe that a juvenile is a danger to self for mental health and/or substance abuse reasons, and does not fit other detention criteria, a mental health professional or recognized expert in the appropriate area is to be called immediately for an evaluation. The juvenile will be released to other resources as soon as possible, or when the condition is no longer present.


  3. Fear of Harm
    1. Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the youth may be detained pending further order of the court.

  4. The juvenile will likely fail to appear for further proceedings.
    1. There is a clear intent on the part of the juvenile not to appear in court based on a statement to that effect or actions.

  5. Special Circumstances:
    1. The youth’s behavior demonstrates imminent threat to other person(s) and/or the youth is involved in a volatile and escalating situation that is likely to result in physical harm to other person(s) or significant damage to property. 

NOTE: When an override to detain a youth who does not meet the Detention Intake Criteria (Section VI. A-E) is requested, specific circumstances must be cited that directly support the reason for the override.

Addendum 1: Detainable Offenses – Juveniles presented on the following charges will be detained for judicial review:



NCIC

MATTER

GRADE

2000

ARSON 1

A

2005

ARSON 1 - ATT

B+

2001

ARSON 2

B

1311

ASSAULT 1

A

1305

ASSAULT 1 - ATT

B+

1312

ASSAULT 2

B+

1313

ASSAULT 3

C+

5215

BOMB THREATS

B

2202

BURGLARY 1

B+

2203

BURGLARY 1 - ATT

C+

2204?

BURGLARY 2

B

2216

BURGLARY-RES

B

1121

CHILD MOLEST 1

B+

1125

CHILD MOLEST 1 - ATT

C+

1120

CHILD MOLEST 1-7/97

A-

1119

CHILD MOLEST 1-ATT 7/97

B+

1124

CHILD MOLEST 6/98

B

1122

CHILD MOLEST 2

C+

1126

CHILD MOLEST 2 - ATT

C

1127

CHILD MOLEST 2-ATT 7/97

C+

4020

COMN W/MNR IMORL PUR

D

4021

COMN W/MNR IMORL-PRIOR

C

0500

CONSPIRACY-A FELONY

B+

6225

CRUELTY ANIMALS 1

(after 7/04)

B

5400

DWI – JUVENILE*

E

5353

DRIVE BY SHOOTING

B+

5354

DRIVE BY SHOOTING - ATT

C+

5408

ELUD PURS POLICE VEH

C

4901

ESCAPE 1

C

4905

ESCAPE 1 - ATT

C

4902

ESCAPE 2

C

4914

ESCAPE 2 - ATT

C

4903

ESCAPE 3

D

4917

ESCAPE 3-ATT

E

2015

EXPLOSIVE DEV-ATT

B

2014

EXPLOSIVE DEV-POSS

A

 

 

NCIC

MATTER

GRADE

2017

EXPLOSIVE UNLAWFUL POSS

C

2018

EXPLOSIVE UNLAWFUL POSS - ATT

D

2027

EXPLOSIVE-ENDANGER PROP

C

1135

FAIL REGISTER AS SEX OFFENDER (FELONY)

C

1136

FAIL REGISTER AS SEX OFFENDER

D

5213

FIREARM - DELIVER

C

5219

FIREARM-POSS STOLEN

B

5214

FIREARM-POSS-ATT

D

5216

FIREARM-THEFT

B

5209

FIREARM-THEFT-ATT

C

1325

HARASSMENT - FELONY

C

3511

HOMICIDE BY CONTROLLED SUBSTANCE

B

2012

INCENDIARY DEV-ATT

B

2010

INCENDIARY DEV-POSS

A

1141

INCEST 1

B

1142

INCEST 2

C

3600

INDECENT LIBERTIES

B+

3602

INDECENT LIBERTIES-ATT

C+

5011

INTIMIDATE WITNESS

B+

1000

KIDNAP 1

A

1003

KIDNAP 1 - ATT

B+

1001

KIDNAP 2

B+

1002

KIDNAP 2 - ATT

C+

0902

MANSLAUGHTER 1-RECKLESS

B+

0905

MANSLAUGHTER 1-ATT

C+

0904

MANSLAUGHTER 2-NEGLIGENT

C+

0906

MANSLAUGHTER 2-ATT

D+

2404

MOTOR VEH - THEFT

B

0900

MURDER 1

A+

0920

MURDER 1 - ATT

A

0901

MURDER 2

A+

0921

MURDER 2 - ATT

B+

0903

NEGLIGENT HOMICIDE

B+

NCIC

MATTER

GRADE

2810

POSS STOL VEHICLE

B

4000

PROM PROSTITUTION 1

B+

4003

PROM PROSTITUTION 1-ATT

C+

4005

PROM PROSTITUTION 2

C+

4006

PROM PROSTITUTION 2-ATT

D+

1101

RAPE 1

A

1106

RAPE 1 - ATT

B+

1102

RAPE 2

A-

1107

RAPE 2 - ATT

B+

1103

RAPE 3

C+

1115

RAPE 3-ATT

D+

1111

RAPE OF CHILD 1

A-

1116

RAPE OF CHILD 1-ATT

B+

1112

RAPE OF CHILD 2

B

1114

RAPE OF CHILD 2 (AFTER 7/98)

B+

1117

RAPE OF CHILD 2-ATT

C+

1200

ROBBERY 1

A

1202

ROBBERY 1 - ATT

B+

1210

ROBBERY 1-CONSPIRACY

B

1201

ROBBERY 2

B+

4010

SEXUAL EXPLOIT MINOR

B

2410

THEFT OF A MOTOR VEHICHLE 1 – 7/07

B

2411

THEFT OF A MOTOR VEHICLE 1 ATT – 7/07

C

2402

TMV 1

C

5324

UNLAWFUL IMPRISON

C+

1323

VEHICULAR ASSAULT

C

0909

VEHICULAR HOMICIDE

B+

5039

VIOLATE PROT ORDER

D

5035

VIOLATE ANTI-HARASS ORDER

D

5040

VIOLATE PROT ORDER-FELONY

C

3575

VUCSA/METH DELIVERY

B+

3506

VUCSA/NARC DEL-CONSPIRACY

B+

3587

VUCSA/NARC W/INTENT

B+

NCIC

MATTER

GRADE

3500

VUCSA/NARCOTIC DELIVERY

B+

3510

VUCSA/NARCOTIC DELIVERY ATT

B+

5212

VUFA 1- ATT

C

5218

VUFA 1-FIREARM-PRIOR

B

5211

VUFA 2 - ATT

C

5210

VUFA 2-FIREARM

C

5230

WEAPON AT SCHOOL

D

5205

WEAPON-DISPLAY

D

  * Second DWI meets the Section II Alleged New Offense detention intake criteria. The youth must have a prior DWI conviction to meet the criteria. See RCW 10.31.100(16). 


Addendum 2: Domestic Violence

 


RCW 10.31.100 Arrest without warrant (excerpt).

 

A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of an officer, except as provided in subsections (1) through (11) of this section.

 

(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

 

RCW 10.99.020 Definitions (excerpt).

(3) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

(5) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

(a) Assault in the first degree (RCW 9A.36.011);

(b) Assault in the second degree (RCW 9A.36.021);

(c) Assault in the third degree (RCW 9A.36.031);

(d) Assault in the fourth degree (RCW 9A.36.041);

(e) Drive-by shooting (RCW 9A.36.045);

(f) Reckless endangerment (RCW 9A.36.050);

(g) Coercion (RCW 9A.36.070);

(h) Burglary in the first degree (RCW 9A.52.020);

(i) Burglary in the second degree (RCW 9A.52.030);

(j) Criminal trespass in the first degree (RCW 9A.52.070);

(k) Criminal trespass in the second degree (RCW 9A.52.080);

(l) Malicious mischief in the first degree (RCW 9A.48.070);

(m) Malicious mischief in the second degree (RCW 9A.48.080);

(n) Malicious mischief in the third degree (RCW 9A.48.090);

(o) Kidnapping in the first degree (RCW 9A.40.020);

(p) Kidnapping in the second degree (RCW 9A.40.030);

(q) Unlawful imprisonment (RCW 9A.40.040);

(r) Violation of the provisions of a restraining order, no-contact order, or protection order …(RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or 74.34.145);

(s) Rape in the first degree (RCW 9A.44.040);

(t) Rape in the second degree (RCW 9A.44.050);

(u) Residential burglary (RCW 9A.52.025);

(v) Stalking (RCW 9A.46.110); and

(w) Interference with the reporting of domestic violence (RCW 9A.36.150).