Wash. Rev. Code » Title 13 · Chapter 13.40
Revised Code of Washington

Wash. Rev. Code § 13.40.110 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) Discretionary decline hearing - The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction only if:
(a) The respondent was, at the time of the alleged offense, at least 15 years of age or older and is charged with a serious violent offense as defined in RCW 9.94A.030;
(b) The respondent was, at the time of the alleged offense, 14 years of age or younger and is charged with murder in the first degree (RCW 9A.32.030), and/or murder in the second degree (RCW 9A.32.050); or
(c) The respondent is any age and is charged with custodial assault, RCW 9A.36.100, and, at the time the respondent is charged, is already serving a minimum juvenile sentence to age 21.
(2) Mandatory decline hearing - Unless waived by the court, the parties, and their counsel, a decline hearing shall be held when the information alleges an escape by the respondent and the respondent is serving a minimum juvenile sentence to age 21.
(3) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.
(4) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.
[ 2024 c 117 s 2; 2019 c 322 s 10; 2018 c 162 s 4; 2009 c 454 s 3; 1997 c 338 s 20; 1990 c 3 s 303; 1988 c 145 s 18; 1979 c 155 s 63; 1977 ex.s. c 291 s 65.]

Notes:

Application—2024 c 117: See note following RCW 13.40.300.
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
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.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
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.
Notes of Decisions
Cited in 114 cases (15 in the last 5 years), 1980–2026 · leading case: State v. Saenz, 283 P.3d 1094 (Wash. 2012).
Sort: Relevance Newest Treatment
State v. Saenz, 283 P.3d 1094 (Wash. 2012). · cites it 16× “If the judge is unable to enter findings without a hearing, the judge should order a hearing.”
In re the Pers. Restraint of Dalluge, 152 Wash. 2d 772 (Wash. 2004). · cites it 7× “030(l)(e)(i); RCW 13.40.110. Key to this case is the provision that unless waived by the juvenile court, the parties, and their counsel, a decline hearing in juvenile court must be held if the respondent is 15,16, or 17 years old and the information alleges a class A felony such…”
In Re Pers. Restraint Petition of Dalluge, 100 P.3d 279 (Wash. 2004). · cites it 7× “030(1)(e)(i); RCW 13.40.110. Key to this case is the provision that unless waived by the juvenile court, the parties, and their counsel, a decline hearing in juvenile court must be held if the respondent is 15, 16, or 17 years old and the information alleges a class A felony…”
State v. Cornejo, 925 P.2d 964 (Wash. 1996). · cites it 10× “7 (the Act), both came under adult criminal court jurisdiction, without a hearing pursuant to RCW 13.40.110 in the juvenile court on the declination of juvenile court jurisdiction.”
In Re Boot, 925 P.2d 964 (Wash. 1996). · cites it 10× “7 (the Act), both came under adult criminal court jurisdiction, without a hearing pursuant to RCW 13.40.110 in the juvenile court on the declination of juvenile court jurisdiction.”
State v. Frazier, 661 P.2d 126 (Wash. 1983). · cites it 11× “At the same time, the State also filed a notice of its intent to seek a declination of juvenile court jurisdiction pursuant to RCW 13.40.110, so that the cases could be transferred to adult criminal court for trial.”
In re the Pers. Restraint of Hegney, 138 Wash. App. 511 (Wash. Ct. App. 2007). · cites it 10× “¶29 While Hegney conflates determinations of guilt and determinations of sentencing with determinations of jurisdiction, it appears that he is arguing that RCW 13.40.110, 8 and the decline hearings thereunder, violate *529 federal and state equal protection guaranties because it…”
In Re Hegney, 158 P.3d 1193 (Wash. Ct. App. 2007). · cites it 10× “¶ 29 While Hegney conflates determinations of guilt and determinations of sentencing with determinations of jurisdiction, it appears that he is arguing that RCW 13.40.110, [8] and the decline hearings thereunder, violate federal and state equal protection guaranties because it…”
State v. Houston-Sconiers, 391 P.3d 409 (Wash. 2017). · cites it 2× “2d 1092 (1993), this court addressed a similar interaction between a juvenile court statute and an adult sentencing statute: RCW 13.40.110, which permitted the juvenile court to decline jurisdiction and thereby send a juvenile offender to adult court, and RCW 10.”
State v. Holland, 656 P.2d 1056 (Wash. 1983). · cites it 8× “2d 702 (1980), the court said, in considering a decline of jurisdiction under RCW 13.40.110: The exercise of discretion in a juvenile declination hearing is uniquely limited.”
State v. Furman, 858 P.2d 1092 (Wash. 1993). · cites it 6× “RCW 13.40.110 authorizes juveniles to be tried as adults, but does not mention the death penalty.”
Monroe v. Soliz, 939 P.2d 205 (Wash. 1997). · cites it 7× “RCW 13.04.030 provides the juvenile courts have exclusive original jurisdiction over juveniles alleged to have committed offenses, except in certain specified cases, or when the juvenile court transfers jurisdiction to adult criminal court pursuant to RCW 13.”
Show all 114 citing cases →
— Wash. Rev. Code § 13.40.110(1) — 19 cases
In re the Pers. Restraint of Dalluge, 152 Wash. 2d 772 (Wash. 2004). “030(l)(e)(i); RCW 13.40.110. Key to this case is the provision that unless waived by the juvenile court, the parties, and their counsel, a decline hearing in juvenile court must be held if the respondent is 15,16, or 17 years old and the information alleges a class A felony such…”
In Re Pers. Restraint Petition of Dalluge, 100 P.3d 279 (Wash. 2004). “030(1)(e)(i); RCW 13.40.110. Key to this case is the provision that unless waived by the juvenile court, the parties, and their counsel, a decline hearing in juvenile court must be held if the respondent is 15, 16, or 17 years old and the information alleges a class A felony…”
State v. Bonds, 653 P.2d 1024 (Wash. 1982).
State v. Saenz, 283 P.3d 1094 (Wash. 2012). “If the judge is unable to enter findings without a hearing, the judge should order a hearing.”
State v. Holland, 656 P.2d 1056 (Wash. 1983). “2d 702 (1980), the court said, in considering a decline of jurisdiction under RCW 13.40.110: The exercise of discretion in a juvenile declination hearing is uniquely limited.”
— Wash. Rev. Code § 13.40.110(1)(a) — 11 cases
State v. Frazier, 661 P.2d 126 (Wash. 1983). “At the same time, the State also filed a notice of its intent to seek a declination of juvenile court jurisdiction pursuant to RCW 13.40.110, so that the cases could be transferred to adult criminal court for trial.”
In Re Pers. Restraint Petition of Dalluge, 100 P.3d 279 (Wash. 2004). “030(1)(e)(i); RCW 13.40.110. Key to this case is the provision that unless waived by the juvenile court, the parties, and their counsel, a decline hearing in juvenile court must be held if the respondent is 15, 16, or 17 years old and the information alleges a class A felony…”
In re Pers. Restraint of Monschke, 482 P.3d 276 (Wash. 2021).
State v. Holland, 656 P.2d 1056 (Wash. 1983). “2d 702 (1980), the court said, in considering a decline of jurisdiction under RCW 13.40.110: The exercise of discretion in a juvenile declination hearing is uniquely limited.”
State v. Bonds, 653 P.2d 1024 (Wash. 1982).
— Wash. Rev. Code § 13.40.110(1)(b) — 1 case
State v. Carpenter, 72 P.3d 784 (Wash. Ct. App. 2003).
— Wash. Rev. Code § 13.40.110(2) — 26 cases
State v. Saenz, 283 P.3d 1094 (Wash. 2012). “If the judge is unable to enter findings without a hearing, the judge should order a hearing.”
State v. Furman, 858 P.2d 1092 (Wash. 1993). “RCW 13.40.110 authorizes juveniles to be tried as adults, but does not mention the death penalty.”
In re the Pers. Restraint of Hegney, 138 Wash. App. 511 (Wash. Ct. App. 2007). “¶29 While Hegney conflates determinations of guilt and determinations of sentencing with determinations of jurisdiction, it appears that he is arguing that RCW 13.40.110, 8 and the decline hearings thereunder, violate *529 federal and state equal protection guaranties because it…”
State v. Holland, 656 P.2d 1056 (Wash. 1983). “2d 702 (1980), the court said, in considering a decline of jurisdiction under RCW 13.40.110: The exercise of discretion in a juvenile declination hearing is uniquely limited.”
In re the Pers. Restraint of Dalluge, 152 Wash. 2d 772 (Wash. 2004). “030(l)(e)(i); RCW 13.40.110. Key to this case is the provision that unless waived by the juvenile court, the parties, and their counsel, a decline hearing in juvenile court must be held if the respondent is 15,16, or 17 years old and the information alleges a class A felony such…”
— Wash. Rev. Code § 13.40.110(2)(a) — 1 case
State Of Washington v. Keonte A. Smith (Wash. Ct. App. 2020).
— Wash. Rev. Code § 13.40.110(3) — 23 cases
State v. Knippling, 166 Wash. 2d 93 (Wash. 2009).
State v. Knippling, 206 P.3d 332 (Wash. 2009).
State v. Saenz, 283 P.3d 1094 (Wash. 2012). “If the judge is unable to enter findings without a hearing, the judge should order a hearing.”
State v. Holland, 656 P.2d 1056 (Wash. 1983). “2d 702 (1980), the court said, in considering a decline of jurisdiction under RCW 13.40.110: The exercise of discretion in a juvenile declination hearing is uniquely limited.”
State v. Fagundes, 614 P.2d 198 (Wash. Ct. App. 1981).
— Wash. Rev. Code § 13.40.110(4) — 3 cases
State v. Inocencio, 351 P.3d 183 (Wash. Ct. App. 2015).
State of Washington v. Alfredo Brice Inocencio (Wash. Ct. App. 2015).
State of Washington v. Amel William Dalluge (Wash. Ct. App. 2015).
— Wash. Rev. Code § 13.40.110(l)(a) — 4 cases
In re the Pers. Restraint of Dalluge, 152 Wash. 2d 772 (Wash. 2004). “030(l)(e)(i); RCW 13.40.110. Key to this case is the provision that unless waived by the juvenile court, the parties, and their counsel, a decline hearing in juvenile court must be held if the respondent is 15,16, or 17 years old and the information alleges a class A felony such…”
Monroe v. Soliz, 939 P.2d 205 (Wash. 1997). “RCW 13.04.030 provides the juvenile courts have exclusive original jurisdiction over juveniles alleged to have committed offenses, except in certain specified cases, or when the juvenile court transfers jurisdiction to adult criminal court pursuant to RCW 13.”
State v. Cheatham, 908 P.2d 381 (Wash. Ct. App. 1996).
State v. Saenz, 156 Wash. App. 866 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 13.40.110(l)(b) — 1 case
State v. Carpenter, 117 Wash. App. 673 (Wash. Ct. App. 2003).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.