Washington Code 13.40.050 – Detention procedures — Notice of hearing — Conditions of release — Consultation with parent, guardian, or custodian
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(1) When a juvenile taken into custody is held in detention:
Terms Used In Washington Code 13.40.050
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and
(b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.
(2) Notice of the detention hearing, stating the time, place, and purpose of the hearing, stating the right to counsel, and requiring attendance shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.
(3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.
(4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.
(5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile’s personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040.
(6) If detention is not necessary under RCW 13.40.040, the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:
(a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
(b) Place restrictions on the travel of the juvenile during the period of release;
(c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;
(d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;
(e) Require that the juvenile return to detention during specified hours; or
(f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in *RCW 13.40.040(4).
(7) A juvenile may be released only to a responsible adult or the department.
(8) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.
(9) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person’s ability to appear as summoned.
NOTES:
*Reviser’s note: RCW 13.40.040 was amended by 2002 c 171 § 2, changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.