Juvenile Detention Intake Criteria

Original Detention Intake Criteria below

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.

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).

VI. Other Criteria:

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

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.

  * 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). 

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: