CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2217
Chapter 117, Laws of 2024
68th Legislature
2024 Regular Session
JUVENILE COURT—JURISDICTION
EFFECTIVE DATE: June 6, 2024
Passed by the House February 9, 2024 CERTIFICATE
Yeas 54 Nays 43
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives SUBSTITUTE HOUSE BILL 2217 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate February 28,
2024
Yeas 29 Nays 20 BERNARD DEAN
Chief Clerk
DENNY HECK
President of the Senate
Approved March 15, 2024 9:48 AM FILED
March 15, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE HOUSE BILL 2217
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Human Services, Youth, & Early Learning (originally
sponsored by Representatives Cortes, Senn, Santos, Ormsby, Reed,
Fosse, Doglio, and Pollet)
READ FIRST TIME 01/31/24.
1 AN ACT Relating to authority over individuals found guilty of or
2 accused of criminal offenses that occurred when the individual was
3 under age 18; amending RCW 13.40.300, 13.40.110, 13.04.030, and
4 13.40.020; and creating a new section.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 13.40.300 and 2019 c 322 s 3 are each amended to
7 read as follows:
8 (1) Except as provided in (a) through (c) of this subsection
9 (((2) of this section)), a juvenile offender may not be committed by
10 the juvenile court to the department ((of children, youth, and
11 families)) for placement in a juvenile rehabilitation facility beyond
12 the juvenile offender's ((twenty-first)) 21st birthday.
13 (((2))) (a) A juvenile offender adjudicated of an A++ juvenile
14 disposition category offense listed in RCW 13.40.0357, or found to be
15 armed with a firearm and sentenced to an additional ((twelve)) 12
16 months pursuant to RCW 13.40.193(3)(b), may be committed by the
17 juvenile court to the department ((of children, youth, and families))
18 for placement in a juvenile rehabilitation facility up to the
19 juvenile offender's ((twenty-fifth)) 25th birthday, but not beyond.
20 (((3) A juvenile may be under the jurisdiction of the juvenile
21 court or the authority of the department of children, youth, and
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 1 families beyond the juvenile's eighteenth birthday only if prior to
2 the juvenile's eighteenth birthday:
3 (a) Proceedings are pending seeking the adjudication of a
4 juvenile offense and the court by written order setting forth its
5 reasons extends jurisdiction of juvenile court over the juvenile
6 beyond his or her eighteenth birthday, except:
7 (i) If the court enters a written order extending jurisdiction
8 under this subsection, it shall not extend jurisdiction beyond the
9 juvenile's twenty-first birthday;
10 (ii) If the order fails to specify a specific date, it shall be
11 presumed that jurisdiction is extended to age twenty-one; and
12 (iii) If the juvenile court previously extended jurisdiction
13 beyond the juvenile's eighteenth birthday, and that period of
14 extension has not expired, the court may further extend jurisdiction
15 by written order setting forth its reasons;
16 (b) The juvenile has been found guilty after a fact finding or
17 after a plea of guilty and an automatic extension is necessary to
18 allow for the imposition of disposition;
19 (c) Disposition has been held and an automatic extension is
20 necessary to allow for the execution and enforcement of the court's
21 order of disposition, subject to the following:
22 (i) If an order of disposition imposes commitment to the
23 department, then jurisdiction is automatically extended to include a
24 period of up to twelve months of parole, in no case extending beyond
25 the offender's twenty-first birthday, except;
26 (ii))) (b) A juvenile offender adjudicated of a murder in the
27 first or second degree offense committed at age 14 or older or a
28 juvenile offender adjudicated of a rape in the first degree offense
29 committed at age 15 or older may be committed by the juvenile court
30 to the department for placement in a juvenile rehabilitation facility
31 up to the juvenile offender's 23rd birthday, but not beyond.
32 (c) A juvenile offender who is 18 or older at the time of the
33 adjudication may be committed by the juvenile court to the department
34 for placement in a juvenile rehabilitation facility up to the
35 juvenile offender's 23rd birthday, but not beyond, in order to serve
36 a standard range disposition.
37 (2)(a) The juvenile court has jurisdiction over, and may place an
38 individual under the authority of the department in the following
39 circumstances:
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 1 (i) Except as provided under RCW 13.04.030 and 13.40.110, when
2 the individual is under the age of 21 at the time of the filing of
3 the information and is accused of committing a criminal offense that
4 occurred when the individual was under the age of 18; or
5 (ii) If proceedings are pending in a case in which jurisdiction
6 is vested in the adult criminal court pursuant to RCW 13.04.030 and
7 an automatic extension is required because either:
8 (A) The individual is found not guilty of the charge for which he
9 or she was transferred, or is convicted in the adult criminal court
10 of an offense that is not also an offense listed in RCW
11 13.04.030(1)(e)(v), and the matter is transferred to juvenile court
12 pursuant to RCW 13.04.030(1)(e)(v)(C)(II); or
13 (B) The parties agree to juvenile court jurisdiction with the
14 court's approval pursuant to RCW 13.04.030(1)(e)(v)(C)(III).
15 (b) Upon a finding of guilt in juvenile court, the juvenile court
16 maintains jurisdiction to allow for imposition, execution, and
17 enforcement of the court's order of disposition, subject to the
18 limitations in this section.
19 (3) If an order of disposition imposes a commitment to the
20 department for a juvenile offender ((adjudicated)):
21 (a) Adjudicated of an A++ juvenile disposition category offense
22 listed in RCW 13.40.0357, adjudicated of a murder in the first or
23 second degree offense committed at age 14 or older, or found to be
24 armed with a firearm and sentenced to an additional ((twelve)) 12
25 months pursuant to RCW 13.40.193(3)(b), then jurisdiction for parole
26 is automatically extended to include a period of up to ((twenty-
27 four)) 24 months of parole, in no case extending beyond the
28 offender's ((twenty-fifth)) 25th birthday; or
29 (b) Adjudicated of a rape in the first degree offense committed
30 at age 15 or older, then jurisdiction for parole is automatically
31 extended to include a period of no less than 24 months and no more
32 than 36 months of parole, in no case extending beyond the offender's
33 25th birthday.
34 (((d) While proceedings are pending in a case in which
35 jurisdiction is vested in the adult criminal court pursuant to RCW
36 13.04.030, the juvenile turns eighteen years of age and is
37 subsequently found not guilty of the charge for which he or she was
38 transferred, or is convicted in the adult criminal court of an
39 offense that is not also an offense listed in RCW 13.04.030(1)(e)(v),
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 1 and an automatic extension is necessary to impose the juvenile
2 disposition as required by RCW 13.04.030(1)(e)(v)(C)(II); or
3 (e))) (4) Pursuant to the terms of RCW 13.40.190 ((and
4 13.40.198)), the juvenile court maintains jurisdiction beyond the
5 juvenile offender's ((twenty-first)) 21st birthday for the purpose of
6 enforcing an order of restitution or penalty assessment.
7 (((4))) (5) Except as otherwise provided herein, in no event may
8 the juvenile court have authority to extend jurisdiction over any
9 juvenile offender beyond the juvenile offender's ((twenty-first))
10 21st birthday.
11 (((5))) (6) Notwithstanding any extension of jurisdiction over a
12 person pursuant to this section, the juvenile court has no
13 jurisdiction over any offenses alleged to have been committed by a
14 person ((eighteen)) 18 years of age or older.
15 Sec. 2. RCW 13.40.110 and 2019 c 322 s 10 are each amended to
16 read as follows:
17 (1) Discretionary decline hearing - The prosecutor, respondent,
18 or the court on its own motion may, before a hearing on the
19 information on its merits, file a motion requesting the court to
20 transfer the respondent for adult criminal prosecution and the matter
21 shall be set for a hearing on the question of declining jurisdiction
22 only if:
23 (a) The respondent ((is)) was, at the time of ((proceedings)) the
24 alleged offense, at least ((fifteen)) 15 years of age or older and is
25 charged with a serious violent offense as defined in RCW 9.94A.030;
26 (b) The respondent ((is)) was, at the time of ((proceedings)) the
27 alleged offense, ((fourteen)) 14 years of age or younger and is
28 charged with murder in the first degree (RCW 9A.32.030), and/or
29 murder in the second degree (RCW 9A.32.050); or
30 (c) The respondent is any age and is charged with custodial
31 assault, RCW 9A.36.100, and, at the time the respondent is charged,
32 is already serving a minimum juvenile sentence to age ((twenty-one))
33 21.
34 (2) Mandatory decline hearing - Unless waived by the court, the
35 parties, and their counsel, a decline hearing shall be held when the
36 information alleges an escape by the respondent and the respondent is
37 serving a minimum juvenile sentence to age ((twenty-one)) 21.
38 (3) The court after a decline hearing may order the case
39 transferred for adult criminal prosecution upon a finding that the
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1 declination would be in the best interest of the juvenile or the
2 public. The court shall consider the relevant reports, facts,
3 opinions, and arguments presented by the parties and their counsel.
4 (4) When the respondent is transferred for criminal prosecution
5 or retained for prosecution in juvenile court, the court shall set
6 forth in writing its finding which shall be supported by relevant
7 facts and opinions produced at the hearing.
8 Sec. 3. RCW 13.04.030 and 2022 c 243 s 2 are each amended to
9 read as follows:
10 (1) Except as provided in this section, the juvenile courts in
11 this state shall have exclusive original jurisdiction over all
12 proceedings:
13 (a) Under the interstate compact on placement of children as
14 provided in chapter 26.34 RCW;
15 (b) Relating to children alleged or found to be dependent as
16 provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.161;
17 (c) Relating to the termination of a parent and child
18 relationship as provided in RCW 13.34.180 through 13.34.210;
19 (d) To approve or disapprove out-of-home placement as provided in
20 RCW 13.32A.170;
21 (e) Relating to juveniles alleged or found to have committed
22 offenses, traffic or civil infractions, or violations as provided in
23 RCW 13.40.020 through 13.40.230, unless:
24 (i) The juvenile court transfers jurisdiction of a particular
25 juvenile to adult criminal court pursuant to RCW 13.40.110;
26 (ii) The statute of limitations applicable to adult prosecution
27 for the offense, traffic or civil infraction, or violation has
28 expired;
29 (iii) The alleged offense or infraction is a traffic, fish,
30 boating, or game offense, or traffic or civil infraction committed by
31 a juvenile ((sixteen)) 16 years of age or older and would, if
32 committed by an adult, be tried or heard in a court of limited
33 jurisdiction, in which instance the appropriate court of limited
34 jurisdiction shall have jurisdiction over the alleged offense or
35 infraction, and no guardian ad litem is required in any such
36 proceeding due to the juvenile's age. If such an alleged offense or
37 infraction and an alleged offense or infraction subject to juvenile
38 court jurisdiction arise out of the same event or incident, the
39 juvenile court may have jurisdiction of both matters. The
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 1 jurisdiction under this subsection does not constitute "transfer" or
2 a "decline" for purposes of RCW 13.40.110 (1) or (2) or (e)(i) of
3 this subsection. Courts of limited jurisdiction which confine
4 juveniles for an alleged offense or infraction may place juveniles in
5 juvenile detention facilities under an agreement with the officials
6 responsible for the administration of the juvenile detention facility
7 in RCW 13.04.035 and 13.20.060;
8 (iv) The alleged offense is a traffic or civil infraction, a
9 violation of compulsory school attendance provisions under chapter
10 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction
11 has assumed concurrent jurisdiction over those offenses as provided
12 in RCW 13.04.0301; or
13 (v) The juvenile is ((sixteen)) 16 or ((seventeen)) 17 years old
14 on the date the alleged offense is committed and the alleged offense
15 is:
16 (A) A serious violent offense as defined in RCW 9.94A.030;
17 (B) A violent offense as defined in RCW 9.94A.030 and the
18 juvenile has a criminal history consisting of: One or more prior
19 serious violent offenses; two or more prior violent offenses; or
20 three or more of any combination of the following offenses: Any class
21 A felony, any class B felony, vehicular assault, or manslaughter in
22 the second degree, all of which must have been committed after the
23 juvenile's ((thirteenth)) 13th birthday and prosecuted separately; or
24 (C) Rape of a child in the first degree.
25 (I) In such a case the adult criminal court shall have exclusive
26 original jurisdiction, except as provided in (e)(v)(C)(II) and (III)
27 of this subsection.
28 (II) The juvenile court shall have exclusive jurisdiction over
29 the disposition of any remaining charges in any case in which the
30 juvenile is found not guilty in the adult criminal court of the
31 charge or charges for which he or she was transferred, or is
32 convicted in the adult criminal court of an offense that is not also
33 an offense listed in (e)(v) of this subsection. The juvenile court
34 shall maintain residual juvenile court jurisdiction up to age
35 ((twenty-five)) 25 if the juvenile has turned ((eighteen)) 18 years
36 of age during the adult criminal court proceedings but only for the
37 purpose of returning a case to juvenile court for disposition
38 pursuant to RCW 13.40.300(((3)(d))) (2)(a)(ii).
39 (III) The prosecutor and respondent may agree to juvenile court
40 jurisdiction and waive application of exclusive adult criminal
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 1 jurisdiction in (e)(v)(A) through (C) of this subsection and remove
2 the proceeding back to juvenile court with the court's approval.
3 If the juvenile challenges the state's determination of the
4 juvenile's criminal history under (e)(v) of this subsection, the
5 state may establish the offender's criminal history by a
6 preponderance of the evidence. If the criminal history consists of
7 adjudications entered upon a plea of guilty, the state shall not bear
8 a burden of establishing the knowing and voluntariness of the plea;
9 (f) Under the interstate compact on juveniles as provided in
10 chapter 13.24 RCW;
11 (g) Relating to termination of a diversion agreement under RCW
12 13.40.080, including a proceeding in which the divertee has attained
13 ((eighteen)) 18 years of age;
14 (h) Relating to court validation of a voluntary consent to an
15 out-of-home placement under chapter 13.34 RCW, by the parent or
16 Indian custodian of an Indian child, except if the parent or Indian
17 custodian and child are residents of or domiciled within the
18 boundaries of a federally recognized Indian reservation over which
19 the tribe exercises exclusive jurisdiction; and
20 (i) Relating to petitions to compel disclosure of information
21 filed by the department of social and health services pursuant to RCW
22 74.13.042.
23 (2) The family court shall have concurrent original jurisdiction
24 with the juvenile court over all proceedings under this section if
25 the superior court judges of a county authorize concurrent
26 jurisdiction as provided in RCW 26.12.010.
27 (3) The juvenile court shall have concurrent original