Revised Code of Washington

Wash. Rev. Code § 13.40.280 (2026)

✓ current as of May 2026

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(1) The secretary of the department of children, youth, and families, with the consent of the secretary of the department of corrections, has the authority to transfer a juvenile presently or hereafter committed to the department of children, youth, and families to the department of corrections for appropriate institutional placement in accordance with this section.

(2) The secretary of the department of children, youth, and families may, with the consent of the secretary of the department of corrections, transfer a juvenile offender to the department of corrections if it is established at a hearing before a review board that continued placement of the juvenile offender in an institution for juvenile offenders presents a continuing and serious threat to the safety of others in the institution. The department of children, youth, and families shall establish rules for the conduct of the hearing, including provision of counsel for the juvenile offender.

(3) Assaults made against any staff member at a juvenile corrections institution that are reported to a local law enforcement agency shall require a hearing held by the department of children, youth, and families review board within ten judicial working days. The board shall determine whether the accused juvenile offender represents a continuing and serious threat to the safety of others in the institution.

(4) Upon conviction in a court of law for custodial assault as defined in RCW 9A.36.100, the department of children, youth, and families review board shall conduct a second hearing, within five judicial working days, to recommend to the secretary of the department of children, youth, and families that the convicted juvenile be transferred to an adult correctional facility if the review board has determined the juvenile offender represents a continuing and serious threat to the safety of others in the institution.

The juvenile has the burden to show cause why the transfer to an adult correctional facility should not occur.

(5) A juvenile offender transferred to an institution operated by the department of corrections shall not remain in such an institution beyond the maximum term of confinement imposed by the juvenile court.

(6) A juvenile offender who has been transferred to the department of corrections under this section may, in the discretion of the secretary of the department of children, youth, and families and with the consent of the secretary of the department of corrections, be transferred from an institution operated by the department of corrections to a facility for juvenile offenders deemed appropriate by the secretary.

[ 2017 3rd sp.s. c 6 s 611. Prior: 1989 c 410 s 2; 1989 c 407 s 8; 1983 c 191 s 22.]

Notes:

Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.

Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.

Purpose—1989 c 410: "The legislature recognizes the ever-increasing severity of offenses committed by juvenile offenders residing in this state's juvenile detention facilities and the increasing aggressive nature of detained juveniles due to drugs and gang-related violence. The purpose of this act is to provide necessary protection to state employees and juvenile residents of these institutions from assaults committed against them by juvenile detainees." [ 1989 c 410 s 1.]

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1987–2025 · leading case: Monroe v. Soliz, 939 P.2d 205 (Wash. 1997).

Sort: Relevance Newest Treatment

Monroe v. Soliz, 939 P.2d 205 (Wash. 1997). · cites it 24× “This class action suit challenges the constitutionality of RCW 13.40.280 which permits the Department of Social and Health Services, with the consent of the Secretary of the Department of Corrections, to administratively transfer a juvenile offender from a detention facility to…”

State v. Schaaf, 743 P.2d 240 (Wash. 1987). · cites it 4× “Pursuant to a statute passed in 1983, RCW 13.40.280, in certain situations a juvenile may be transferred to the Department of Corrections under the JJA.”

In Re Juveniles A, B, C, D, E, 847 P.2d 455 (Wash. 1993). · cites it 2× “); RCW 13.40.280(4) (refers to the "convicted juvenile"); RCW 43.”

State v. JH, 978 P.2d 1121 (Wash. Ct. App. 1999). “010(2)(k). [14] RCW 13.40.010(2). [15] RCW 13.”

State v. J.H., 96 Wash. App. 167 (Wash. Ct. App. 1999). “RCW 13.40.280. 132 Wn.2d 414, 420 , 939 P.”

State v. Diaz-Cardona, 123 Wash. App. 477 (Wash. Ct. App. 2004). “RCW 13.40.280(2). Former RCW 13.50.050(ll)(a), (17) (1992).”

Monroe by & Through Broulette v. Soliz, 939 P.2d 205 (Wash. 1997). · cites it 25× “This class action suit challenges the constitutionality of RCW 13.40.280 which permits the Department of Social and Health Services, with the consent of the Secretary of the Department of Corrections, to administratively transfer a juvenile offender from a detention facility to…”

State v. Diaz-Cardona, 98 P.3d 136 (Wash. Ct. App. 2004). “[34] RCW 13.40.280. [35] Former RCW 13.50.050(11)(a), (17) (1992).”

State Of Washington, V. R.w.w. (Wash. Ct. App. 2021). “2d 205 (1997) (holding RCW 13.40.280 does not violate an individual’s right to a jury trial because an individual does not have that right in a juvenile proceeding); State v.”

State Of Washington, V. R.K.O. (Wash. Ct. App. 2025). “2d 205 (1997) (holding RCW 13.40.280 does not violate an individual’s right to a jury trial because For the purposes of .”

— Wash. Rev. Code § 13.40.280(2) — 3 cases

Monroe v. Soliz, 939 P.2d 205 (Wash. 1997). “This class action suit challenges the constitutionality of RCW 13.40.280 which permits the Department of Social and Health Services, with the consent of the Secretary of the Department of Corrections, to administratively transfer a juvenile offender from a detention facility to…”

State v. Diaz-Cardona, 123 Wash. App. 477 (Wash. Ct. App. 2004). “RCW 13.40.280(2). Former RCW 13.50.050(ll)(a), (17) (1992).”

Monroe by & Through Broulette v. Soliz, 939 P.2d 205 (Wash. 1997). “This class action suit challenges the constitutionality of RCW 13.40.280 which permits the Department of Social and Health Services, with the consent of the Secretary of the Department of Corrections, to administratively transfer a juvenile offender from a detention facility to…”

— Wash. Rev. Code § 13.40.280(3) — 2 cases

— Wash. Rev. Code § 13.40.280(4) — 1 case

In Re Juveniles A, B, C, D, E, 847 P.2d 455 (Wash. 1993). “); RCW 13.40.280(4) (refers to the "convicted juvenile"); RCW 43.”

— Wash. Rev. Code § 13.40.280(6) — 2 cases

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