Juvenile Detention Intake Criteria
Youth under the age of 8 years cannot be found guilty of offenses under RCW 9A.04.050 and will not be detained.
For alleged new offenses
Screen and Release
Screen and Release was implemented to reduce the number of youth in detention.
Some youth are brought to detention for offenses that are eligible to be “screened and released.” A judge reads all the information about the arrest, even if it is after court operating hours (evenings or weekends). It is used from 8 am to 8 pm, 7 days a week. The judge decides to release the youth into their guardian’s custody or place them in detention.
Screen and Release occurs when either:
- The Detention Risk Assessment Instrument (DRAI) score indicates Screen & Release OR
- The DRAI does not indicate Screen and Release, but the youth is presented on one of the following offenses:
- Assault 2 or 3
- Burglary 2
- Driving while Under the Influence (DWI) – Juvenile
The youth must have a prior DWI conviction to meet the criteria (RCW 10.31.100(16)).
- Escape 1, 2, 3 or Attempted
- Eluding Pursuit of Police Vehicle
- Explosive-Endangering Property
- Explosive Unlawful Possession - Attempted
- Failure to Register As Sex Offender (Felony)
- Firearm Possession - Attempted
- Harassment - Felony
- Motor Vehicle - Theft
- Residential Burglary
- Possession of a Stolen Vehicle
- Robbery 2
- Taking of a Motor Vehicle 1 or Attempted
- Violation of the Uniform Controlled Substances Act (VUSCA) Narcotics Delivery
- VUSCA Narcotics Delivery - Attempted, Conspiracy, or With Intent to Deliver
- VUSCA Narcotics Delivery - Meth
- Violation of Uniform Firearms Act (VUFA) 2 - Attempted
- Weapon Display
- Weapon At School
Youth not eligible for Screen and Release who meet the following criteria are detained until a judge reviews their case:
- Offenses listed in Addendum 1.
- Any offense involving possession of a firearm.
- Any assault on a school staff person, administrator, or teacher.
In cases involving Juvenile Domestic Violence
- Any person under the age of 18 years presented for assaulting a family or household member as defined in RCW 10.99.020 (more in Addendum 2) is detained for judicial review or, if eligible, admitted into the Family Intervention and Restorative Services (FIRS) Center.
- Youth 12 years or older who are presented on a domestic violence charge as defined in RCW 10.99.020 (more in Addendum 2) are detained for judicial review or screened for placement into the FIRS Center.
Warrants
Youth presented on the following active warrants will be detained for judicial review:
- Any warrant issued for an Addendum 1 offense
- Violation of Conditions of Release, Material Witness, or Probable Cause warrants.
- Warrants issued for At-Risk Youth, Child in Need of Services (CHINS), Truancy, or Dependency cases.
- Out of Jurisdiction, Parole, Federal Detainer or Municipal/District Court warrant.
Other Criteria
Youth who meet the following criteria will be detained for judicial review or transport:
- Administrative Holds for court from Juvenile Rehabilitation (JR) in transit, parole hold/revocation, or from other jurisdictions
- When the identification of a youth is uncertain, not verifiable by a parent or guardian, and the youth cannot or will not give current information regarding name and age
Detain Override
A youth who does not meet any criteria above may be detained for judicial review if:
- The youth is likely to interfere with administration of justice
- The youth has demonstrated a serious intent to intimidate witnesses or others involved with pending matter.
- There is reason to believe that the youth is likely to destroy evidence and the opportunity exists to do so.
- The youth is a danger to themselves
- When there is reason to believe that a youth 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 youth will be released to other resources as soon as possible, or when the condition is no longer present.
- There is a fear of harm
- Upon a finding that members of the community have threatened the health of a youth taken into custody, at the youth’s request the youth may be detained pending further order of the court.
- 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.
An override may not be considered solely on the youth’s likelihood for failure to appear.
When an override to detain a youth who does not meet the Detention Intake Criteria is requested, specific circumstances must be cited that directly support the reason for the override.
Addendum 1 - Detainable Offenses
Youth presented to detention on the following charges will be detained for judicial review:
*Second DWI meets the Alleged New Offense detention intake criteria. The youth must have a prior DWI conviction to meet the criteria (RCW 10.31.100(16)).
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 |
2017 |
EXPLOSIVE UNLAWFUL POSS |
C |
2018 |
EXPLOSIVE UNLAWFUL POSS - ATT |
D |
2027 |
EXPLOSIVE-ENDANGER PROP |
C |
NCIC |
MATTER |
GRADE |
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+ |
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 |
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)
- (w) Interference with the reporting of domestic violence (RCW 9A.36.150)