Title 7 - Juvenile Offense Proceedings in Juvenile Court

JuCR 7.1: INVOKING JUVENILE COURT JURISDICTION

Juvenile court jurisdiction is invoked over a juvenile offense proceeding by filing an information.

JuCR 7.2: INFORMATION

(a) Content.

(b) Amendment.

An information may be amended at any time. The court shall grant additional time if necessary to insure a full and fair hearing on any new allegations in the amended information.

JuCR 7.3: DETENTION AND RELEASE

(a) Time for First Appearance Generally.

A juvenile who has been taken into custody without a warrant and who is to be detained or released on any conditions other than the promise to appear in court at subsequent hearings must receive a judicial determination on the issues of probable cause no later than 48 hours following the juvenile's arrest.

(b) Determination of Probable Cause.

The court shall determine probable cause based on an affidavit, a document as provided in RCW 9A.72.085 or any law amendatory thereto, or sworn testimony. The sworn testimony shall be electronically or stenographically recorded. The evidence shall be preserved. The evidence shall be subject to constitutional limitations for probable cause determinations and may be hearsay in whole or in part.

If a juvenile alleged to have committed a juvenile offense is taken into custody before an information is filed, the court shall make every reasonable effort to conduct a hearing on the issue of detention by the end of the next judicial day. The juvenile shall be released unless an information is filed within 72 hours (excluding Saturdays, Sundays, and holidays) after taking the juvenile into custody. In the absence of any prior determination, a juvenile held in detention after the filing of an information shall be given a hearing to determine whether continued detention is necessary. The juvenile shall be released unless this determination is made within 72 hours (excluding Saturdays, Sundays, and holidays) after the information has been filed.

(d) If Information Filed Before Custody.

If a juvenile alleged to have committed a juvenile offense is taken into custody after an information has been filed and is held in detention, the juvenile shall be given a hearing to determine whether continued detention is necessary. The court shall make every reasonable effort to conduct the hearing by the end of the next judicial day. The juvenile shall be released unless this determination is made within 72 hours (excluding Saturdays, Sundays, and holidays) after the juvenile is taken into custody.

(e) If Motion Not Filed Before Custody.

If a juvenile alleged to have violated a diversion agreement, a conditional release order, a disposition order, or a deferred adjudication or deferred disposition order is taken into custody and held in detention before a petition to terminate the diversion agreement, a motion to modify the conditional release order or the disposition order, or a motion to revoke the deferred adjudication or deferred disposition order is filed, the court shall make every reasonable effort to conduct a hearing on the issue of detention by the end of the next judicial day. The juvenile shall be released unless a motion is filed within 72 hours (excluding Saturdays, Sundays, and holidays) after taking the juvenile into custody. In the absence of any prior determination, a juvenile held in detention after the filing of a motion shall be given a hearing to determine whether continued detention is necessary. The juvenile shall be released unless t his determination is made within 72 hours (excluding Saturdays, Sundays, and holidays) after the juvenile is taken into custody.

(f) If Petition or Motion Filed Before Custody.

JuCR 7.4: DETENTION HEARING

(a) Notice.

The notice required by RCW 13.40.050(2) for a detention hearing shall be given in accordance with rule 11.2.

(b) Procedure at Hearing.

The detention hearing shall be held in accordance with RCW 13.40.050(3) and (4). All parties shall have an opportunity to present evidence and to be heard on the issue of continued detention.

At the hearing the court shall determine whether continued detention is necessary under RCW 13.40.040.

(d) Determination That Detention Necessary.

If the court finds that continued detention is necessary, the court shall state on the record the specific statutory provision and the facts on which the court based its order for continued detention. The juvenile may nevertheless be released upon posting of a bond and the imposition of conditions upon such release pursuant to RCW 13.40.040(4).

(e) Determination That Detention Not Necessary.

If the court at the detention hearing determines that continued detention is not necessary, the juvenile shall be ordered released on personal recognizance. The court may impose conditions on the release pursuant to RCW 13.40.050(6).

JuCR 7.5: ISSUANCE OF SUMMONS OR WARRANT

(a) Generally.

When an information is filed, the court may direct the clerk to command the juvenile and others to appear at a specified time and place by the issuance of a summons, or the court may direct the clerk to issue a warrant for the arrest of the juvenile, or the court may direct the clerk to notify the juvenile and others by other methods approved by local court rule.

(b) Summons Preferred; Warrant Used Only Upon Showing of Probable Cause.

If the information charges only the commission of a misdemeanor or a gross misdemeanor, the court shall direct the clerk to command the presence of the juvenile by the issuance of a summons or other method approved by local court rule instead of a warrant, unless the court finds probable cause to believe that the juvenile would not appear in response to the command or probable cause to believe that the arrest is necessary to prevent serious bodily harm to the juvenile or another, or serious loss of or harm to property, in which case the court may issue a warrant. A warrant of arrest must be supported by an affidavit or sworn testimony, which shall be recorded electronically or stenographically, establishing the grounds for issuing the warrant. The finding of probable cause may be based on evidence that is hearsay in whole or in part.

(1) Generally. (Reserved. See RCW 13.40.100.)

(2) Additional Contents of a Summons Directed to Juvenile. A summons directed to a juvenile shall contain the following advisement: Right to Lawyer 1. You have the right to talk to a lawyer, and if you cannot afford a lawyer, one will be appointed for you. 2. A lawyer can look at the social and legal files in your case, talk to the people involved in the offense proceeding, tell you about the law, help you understand your rights and the possible consequences of being found to be a juvenile offender, prepare any defense that you may have, and present to the court possible sentences should you be found guilty.

(d) Service and Return of Summons.

(1) Service. A summons may be served as provided in RCW 13.40.100, or it may be served by mailing the summons, postage prepaid, to the person named in the summons.

(2) Return. The person to whom a summons has been delivered shall, on or before the return date, file a return thereof with the judge before whom the summons is returnable.

(e) Failure To Appear in Response to Summons.

(Reserved. See RCW 13.40.100.)

(f) Requirements of a Warrant.

The warrant shall be in writing and in the name of the State of Washington, shall be signed by the clerk with the title of his or her office, and shall state when issued and the county where issued. It shall specify the name of the juvenile, or if his or her name is unknown, any name or description by which the juvenile can be identified with reasonable certainty. The warrant shall specify the offense charged and shall command that the juvenile be arrested and brought forthwith before the court issuing the warrant. The court issuing the warrant shall set forth on the warrant the conditions for release, including bail, pursuant to RCW 13.40.040.

(g) Execution and Return of Warrant.

(1) Execution. The warrant shall be directed to all peace officers in the state or to probation counselors authorized to serve process pursuant to RCW 13.04.040. The warrant shall be executed only by a peace officer or probation counselor.

(2) Return. The officer executing a warrant shall make a return thereof to the court before whom the juvenile is brought pursuant to these rules. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the juvenile court and canceled. For reasonable cause, the court itself may order that the warrant be returned to the court.

(h) Defective Summons or Warrant.

(1) Amendment. No juvenile appearing in response to a summons or arrested under a warrant shall be discharged from custody or dismissed because of any irregularity in the summons or warrant, but the summons or warrant may be amended to remedy any such irregularity.

(2) Issuance of New Summons or Warrant. If, during the preliminary examination of any juvenile appearing in response to the summons or arrested under a warrant, it appears that the warrant or summons does not properly name or describe the juvenile or the offense charged, or that although not guilty of the offense specified in the summons or warrant, there is reasonable ground to believe that the juvenile is guilty of some other offense, the judge shall not discharge or dismiss the juvenile but may allow a new information to be filed and shall thereupon issue a new summons or warrant.

JuCR 7.6: ARRAIGNMENT AND PLEAS

(a) Time and Procedure for Arraignment.

A juvenile who is detained or subject to conditions of release must be arraigned within 14 days after the information or indictment is filed. The procedure for the arraignment of an alleged juvenile offender is governed by CrR 4.1.

(b) Plea.

The taking of a plea of an alleged juvenile offender is governed by CrR 4.2.

Before entering a plea, the juvenile should be advised of the standard sentence for the offense charged, and should be advised of the criminal history upon which the standard sentence is based.

(d) Effect of Motion To Decline Jurisdiction.

If a decline hearing is requested or required, then the juvenile court has no jurisdiction to accept a plea until a decline hearing is held and an order is entered retaining jurisdiction in the juvenile court. The time limit for the adjudicatory hearing under rule 7.8 does not begin to run until the day after the entry of the order retaining jurisdiction.

(e) Determination of Capacity.

When a determination of capacity is required pursuant to RCW 9A.04.050, a hearing to determine the juvenile's capacity shall be held within 14 days from the juvenile's first court appearance, separate from and prior to arraignment. Notice of the hearing to determine capacity and its purpose shall be given in accordance with rule 11.2. The revision provides clarification with regard to applicability and addresses implementation problems caused by linking the time for the capacity hearing to the filing of the information.

JuCR 7.7: Statement of Juvenile on Plea of Guilty

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JuCR 7.8: TIME FOR ADJUDICATORY HEARING

(a) General Provisions.

(1) Responsibility of Court. It shall be the responsibility of the court to ensure an adjudicatory hearing in accordance with the provisions of this rule to each person charged with a juvenile offense.

(2) Definitions. For purpose of this rule: (i) "Pending charge" means the charge for which the allowable time for trial is being computed. (ii) "Related charge" means a charge based on the same conduct as the pending charge that is ultimately filed in juvenile court. (iii) "Appearance" means the juvenile's physical presence in the court where the pending charge was filed. Such presence constitutes appearance only if (A) the prosecutor was notified of the presence and (B) the presence is contemporaneously noted on the record under the cause number of the pending charge. (iv) "Arraignment" means the date determined under JuCR 7.6 and CrR 4.1(b) (v) "Held in detention" means held in the custody of a detention facility pursuant to the pending charge. Such detention excludes any period in which a juvenile is on electronic home monitoring, is being held on an unrelated charge or hold, or is serving a sentence of confinement.

(3) Construction. The allowable time for the adjudicatory hearing shall be computed in accordance with this rule. If a hearing is timely under the language of this rule but was delayed by circumstances not addressed in this rule or JuCR 7.6, the pending charge shall not be dismissed unless the juvenile's constitutional right to a speedy trial was violated.

(4) Related Charges. The computation of the allowable time for the adjudicatory hearing on a pending charge shall apply equally to all related charges.

(5) Reporting of Dismissals and Untimely Hearings. The court shall report to the administrative Office of the Courts, on a form determined by that office, any case in which (i) the court dismissed a charge on determination pursuant to section (h) that the charge had not been brought to hearing within the time limit required by this rule, or (ii) the time limits would have been violated absent the cure period authorized by section (g).

(b) Time for Adjudicatory Hearing.

(1) Juvenile Held in Detention. A juvenile who is held in detention shall be brought to hearing within the longer of (i) 30 days after the commencement date specified in this rule, or (ii) the time specified in subsection (b)(5).

(2) Juvenile Not Held in Detention. A juvenile who is not held in detention shall be brought to hearing within the longer of (i) 60 days after the commencement date specified in this rule, or (ii) the time specified in subsection (b)(5).

(3) Release of Juvenile. If a juvenile is released from detention before the 30 day time limit has expired, the limit shall be extended to 60 days.

(4) Return to Detention following Release. If a juvenile was not held in detention at the time the hearing date was set but is subsequently returned to detention on the same or related charge, the 60-day limit shall continue to apply. If the juvenile is held in detention when the hearing is reset following a new commencement date, the 30-day limit shall apply.

(5) Allowable Time after Excluded Period. If any period of time is excluded pursuant to section (e), the allowable time for the adjudicatory hearing shall not expire earlier than 15 days after the end of that excluded period.

(1) Initial Commencement Date. The initial commencement date shall be the date of arraignment as determined under JuCR 7.6 and CrR 4.1.

(2) Resetting of Commencement Date. On occurrence of one of the following events, a new commencement date shall be established, and the elapsed time shall be reset to zero. If more than one of these events occurs, the commencement date shall be the latest of the dates specified in this subsection. (i) Waiver. The filing of a written waiver of the juvenile's rights under this rule signed by the juvenile. The new commencement date shall be the date specified in the waiver, which shall not be earlier than the date on which the waiver was filed. If no date is specified, the commencement date shall be the date of the hearing contemporaneously or subsequently set by the court. (ii) Failure to Appear. The failure of the juvenile to appear for any proceeding at which the juvenile's appearance was required. The new commencement date shall be the date of the juvenile's next appearance. (iii) New Adjudicatory Hearing. The entry of an order granting a mistrial or new adjudicatory hearing or allowing the juvenile to withdraw a plea of guilty. The new commencement date shall be the date the order is entered. (iv) Appellate Review or Stay. The acceptance of review or grant of a stay by an appellate court. The new commencement date shall be the date of the juvenile's appearance that next follows the receipt by the clerk of the juvenile court of the mandate or written order terminating review or stay. (v) Collateral Proceeding. The entry of an order granting a new adjudicatory hearing pursuant to a person restraint petition, a habeas corpus proceeding, or a motion to vacate judgment. The new commencement date shall be the date of the juvenile's appearance that next follows either the expiration of the time to appeal such order or the receipt by the clerk of the juvenile court of notice of action terminating the collateral proceeding, whichever comes later. (vi) Change of Venue. The entry of an order granting a change of venue. The new commencement date shall be the date of the order. (vii) Disqualification of Counsel. The disqualification of the defense attorney or prosecuting attorney. The new commencement date shall be the date of the disqualification.

(d) Setting of Hearing Date---Notice---Objections---Loss of Right to Object.

(1) Initial Setting of Hearing Date. The court shall, within 15 days of the juvenile's actual arraignment in juvenile court, set a date for the adjudicatory hearing which is within the time limits prescribed by this rule and notify counsel for each party of the date set. If a juvenile is not represented by counsel, the notice shall be given to the juvenile and may be mailed to the juvenile's last known address. The notice shall set forth the proper date of the juvenile's arraignment and the date set for the hearing.

(2) Resetting of Hearing Date. When the court determines that the hearing date should be reset for any reason, including but not limited to the applicability of a new commencement date pursuant to subsection (c)(2) or a period of exclusion pursuant to section (e), the court shall set a new date for the hearing which is within the time limits prescribed and notify each party of the date set.

(3) Objection to Hearing Date. A party who objects to the date set upon the ground that it is not within the time limits prescribed by this rule must, within 10 days after the notice is mailed or otherwise given, move that the court set an adjudicatory hearing within those time limits. Such motion shall be promptly noted for hearing by the moving party in accordance with local procedures. A party who fails, for any reason, to make such a motin shall lose the right to object that an adjudicatory hearing commenced on such a date is not within the time limits prescribed by this rule.

(4) Loss of Right to Object. If a hearing date is set outside the time allowed by this rule, but the defendant lost the right to object to that date pursuant to subsection (d)(3), that date shall be treated as the last allowable date for the adjudicatory hearing, subject to section (g). A later hearing date shall be timely only if the commencement date is reset pursuant to subsection (c)(2) or there is a subsequent excluded period pursuant to section (e) and subsection (b)(5).

(e) Excluded Periods.

The following periods shall be excluded in computing the time for the adjudicatory hearing:

(1) Competency Proceedings. All proceedings related to the competency of the juvenile to participate in the hearing on the pending charge, beginning on the date when the competency examination is ordered and terminating when the court enters a written order finding the juvenile to be competent.

(2) Proceedings on Unrelated Charges. Arraignment, pre- adjudicatory hearing proceedings, adjudicatory hearing, and disposition hearing on an unrelated charge.

(3) Continuances. Delay granted by the court pursuant to section (f).

(4) Period between Dismissal and Refiling. The time between the dismissal of a charge and the refilling of the same or related charge.

(5) Disposition of Related Charge. The period between the commencement of an adjudicatory hearing or the entry of a plea of guilty on one charge and the juvenile's arraignment in superior court on a related charge.

(6) Juvenile Subject to foreign or Federal Custody or Conditions. The time during which a juvenile is detained outside the state of Washington or in a federal facility and the time during which a juvenile is subject to conditions of release not imposed by a court of the State of Washington.

(7) Unavoidable or Unforseen Circumstances. Unavoidable or unforeseen circumstances affecting the time for the adjudicatory hearing beyond the control of the court or the parties. This exclusion also applies to the cure period of section (g).

(8) Motion for Revision. When amotion for revision of a court commissioner's ruling is filed, the time between the court commissioner's ruling and an order deciding the motion.

(9) Disqualification of Judge. A five-day period of time commencing with the disqualification of the judge to whom the case is assigned for the adjudicatory hearing.

(f) Continuances.

Continuances or other delays may be granted as follows:

(1) Written Agreement. Upon written agreement of the parties, which must be signed by the alleged juvenile offender or all the alleged offenders, the court may continue the hearing date to a specified date.

(2) Motion by the Court or a Party. On motion of the court or a party, the court may continue the hearing to a specified date when such continuance is required in the administration of justice and the juvenile will not be prejudiced in the presentation of his or her defense. The motion must be made before the time for the adjudicatory hearing has expired. The court must state on the record or in writing the reasons for the continuance. The bringing of such motion by or on behalf of any party waives that party's objection to the requested delay.

(g) Cure Period.

The court may continue the case beyond the limits specified in section (b) on motion of the court or a party made within five days after the time for the adjudicatory hearing has expired. Such a continuance may be granted only once in the case upon a finding on the record or in writing that the juvenile will not be substantially prejudiced in the presentation of his or her defense. The period of delay shall be for no more than 7 days for a juvenile who is held in detention, or 28 days for a juvenile not held in detention, from the date that the continuance is granted. The court may direct the parties to remain in attendance or be on-call for hearing assignment during the cure period.

(h) Dismissal With Prejudice.

A charge not brought to adjudicatory hearing within the time limit determined under this rule shall be dismissed with prejudice. The State shall provide notice of dismissal to the victim and at the court's discretion shall allow the victim to address the court regarding the impact of the crime. No case shall be dismissed for time-to-hearing reasons except as expressly required by this rule, a statute, or the state or federal constitution.

JuCR 7.9: JOINDER OF OFFENSES AND CONSOLIDATION OF ADJUDICATORY HEARINGS

(a) Joinder of Offenses.

The joinder of offenses in an information is governed by CrR 4.3(a) and (c), where applicable.

(b) Consolidation of Adjudicatory Hearing.

On motion of the prosecutor or the alleged juvenile offender, or on its own motion, the court may, for purposes of conducting the adjudicatory hearing, order that two or more informations naming different juveniles be consolidated and heard at the same time when two or more defendants could be joined in the same charge pursuant to CrR 4.3(b).

JuCR 7.10: SEVERANCE OF OFFENSES AND CONSOLIDATED HEARINGS

The severance of offenses and severance of consolidated hearings is governed by CrR 4.4, where applicable.

JuCR 7.11: ADJUDICATORY HEARING

(a) Burden of Proof.

The court shall hold an adjudicatory hearing on the allegations in the information. The prosecution must prove the allegations in the information beyond a reasonable doubt.

(b) Evidence.

The Rules of Evidence shall apply to the hearing, except to the extent modified by RCW 13.40.140(7) and (8). All parties to the hearing shall have the rights enumerated in RCW 13.40.140(7).

The juvenile shall be found guilty or not guilty. The court shall state its findings of fact and enter its decision on the record. The findings shall include the evidence relied upon by the court in reaching its decision.

(d) Written Findings and Conclusions on Appeal.

The court shall enter written findings and conclusions in a case that is appealed. The findings shall state the ultimate facts as to each element of the crime and the evidence upon which the court relied in reaching its decision. The findings and conclusions may be entered after the notice of appeal is filed. The prosecution must submit such findings and conclusions within 21 days after receiving the juvenile's notice of appeal.

JuCR 7.12: DISPOSITION HEARING

(a) Time.

A disposition hearing shall be held if the juvenile has pleaded guilty or has been found guilty by the court. The hearing may be held immediately following the juvenile's plea of guilty or immediately following the adjudicatory hearing if found guilty by the court. The disposition hearing may be continued for a period of up to 14 days after the plea or the conclusion of the hearing if the juvenile is held in detention, or 21 days after the plea or the conclusion of the hearing if the juvenile is not held in detention. Either time may be extended by the court for good cause shown. Notice of a continued hearing shall be given to all parties in accordance with rule 11.2.

(b) Conduct of Hearing.

The court shall conduct the hearing in accordance with RCW 13.40.150. At the conclusion of the disposition hearing, the court shall, in accordance with CrR 7.2(b), advise the juvenile of the right to appeal, including when applicable the right to appeal a sentence based upon a finding of manifest injustice.

In determining the standard range of disposition for a juvenile, the juvenile's criminal history includes any criminal complaint alleging an offense and resulting in one of the following prior to the commission of the current offense: (1) A finding made prior to July 1, 1978, that the juvenile committed an offense, if the allegation was required to be proven beyond a reasonable doubt or if the juvenile admitted the allegation; or (2) A conviction or a plea of guilty on or after July 1, 1978; or (3) Violations, as defined by RCW 13.40.020, committed on or after July 1, 1998.

(d) Criminal History--Multiple Charges.

If the juvenile has been convicted of two or more charges arising out of the same course of conduct, then only the highest charge is counted as criminal history. If the juvenile has been convicted of two or more charges that did not arise out of the same course of conduct, then all of the charges count as criminal history, even though the charges may have consolidated into a single disposition order.

(e) Disposition Based Upon Finding of Manifest Injustice.

If the court imposes a sentence based upon a finding of manifest injustice, the disposition order shall set forth those portions of the record material to the disposition.

(f) Disposition Requiring Detention in a State-Operated Juvenile Detention Facility.

If the court imposes a sentence requiring commitment to the Division of Juvenile Rehabilitation of the Department of Social and Health Services for detention, the copy of the disposition order sent to the Division shall be accompanied by a statement of the criminal history relied upon by the sentencing court.

(g) Judgment and Sentence.

For every disposition order entered pursuant to a juvenile court offense adjudication or deferred adjudication, the court entering the order shall forward to the Sentencing Guidelines Commission the information contained in the order and such criminal history, demographic, and other information as the Office of the Administrator for the Courts may prescribe. The Administrator for the Courts, at the direction of the Supreme Court, and after consulting with the Sentencing Guidelines Commission, shall determine the method for transmitting this information from the court to the Commission.

JuCR 7.13: RELEASE PENDING APPELLATE REVIEW

Pending appellate review of an order of adjudication or disposition, the court may impose conditions on release as provided in RCW 13.40.040(4) and 13.40.050(6).

JuCR 7.14: MODIFICATION OF DISPOSITION ORDER

(a) Generally.

The procedure for seeking a modification of a disposition order is to file a motion in juvenile court. A disposition order may only be modified in accordance with RCW 13.40.190 and 13.40.200.

(b) Who May File Motion.

Any party may file a motion seeking modification of a disposition order. The court may, on its own motion, seek modification of a disposition order.

The motion shall state the reason for seeking modification and the nature of the modification sought.

(d) Preliminary Hearing if Juvenile Is in Detention.

If a juvenile alleged to have violated the terms of a disposition order is held in detention, a preliminary hearing shall be held in accordance with rule 7.3(c) or (d). Notice of the hearing shall be given in accordance with rule 11.2. At the hearing the court shall determine whether probable cause exists to believe the allegations in the motion, whether the petition is contested, and, in accordance with rule 7.4, whether continued detention is necessary. If the motion is contested and the allegation is not a juvenile offense and the juvenile is held in detention, the hearing on the motion shall be held within 7 days of the date of the preliminary hearing. If the motion is contested, and the allegation is a juvenile offense, and the juvenile is in detention, the hearing on the motion shall be held within 14 days of the date of the preliminary hearing. If the motion is uncontested, the court may proceed immediately with the hearing on the motion.

(e) Scheduling and Notice of Hearing.

The court shall schedule a hearing on the allegations in the motion with reasonable speed, except that when the juvenile is held in detention, the hearing shall be scheduled in accordance with section (d) of this rule. Notice of the hearing may be given in accordance with rule 11.2, or the court may issue a summons or a warrant pursuant to rule 7.5.

JuCR 7.15: Waiver of Right to Counsel

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